R. Banumathi, J. - (1.) Leave granted.
(2.) This appeal arises out of the judgment dated 06.02.2019 passed by the High Court of Bombay in Crl.W.P. No. 5214 of 2018 in and by which the High Court held that the first respondent-father of the child being the surviving parent and in the interest of welfare of the child, the custody of the child must be handed over to the first respondent-father and issued writ of habeas corpus directing the appellants to handover the custody of the minor child to respondent No.1-father of the child.
(3.) Brief facts of the case are that marriage of respondent No.1 was solemnized with Zelam on 28-05-2006. During the fifth month of her pregnancy i.e. in May 2017, Zelam was detected with breast cancer. Respondent No.1 and Zelam were blessed with a girl child named Shikha on 14-08-2017. While Zelam was undergoing treatment, child Shikha was with her father respondent No.1 till November, 2017. Unfortunately, on 29-11-2017, respondent No. 1 was suddenly hospitalised and he was diagnosed with Tuberculosis Meningitis and Pulmonary Tuberculosis. While he was undergoing treatment, appellant No.1-Tejaswini Gaud one of the two sisters of Zelam and appellant No.4-Dr. Pradeep Gaud who is the husband of Tejaswini, took Zelam along with Shikha to their residence at Mahim, Mumbai for continuation of the treatment. Later, in June 2018, Zelam was shifted to her paternal home along with Shikha in Pune i.e. residence of appellant No.3-Samir Pardeshi, brother of Zelam. In July 2018, they were again shifted to the house of appellant No.1 in Mumbai. On 17-10-2018, Zelam succumbed to her illness. Child Shikha continued to be in the custody of the appellants in Pune at the residence of appellant No.3 till 17-11-2018. Respondent No.1-father was denied the custody of child and on 17-11-2018, he gave a complaint to Dattawadi Police Station, Pune. Thereafter, respondent No.1-father approached the High Court by filing a writ petition seeking custody of minor child Shikha. Respondent No.1-father is a post-graduate in Management and is working as a Principal Consultant with Wipro Limited.;