J.J. Munir, J. - (1.) This petition for a writ of habeas corpus has been instituted by Smt. Priti Dwivedi with a prayer that Aditya Dwivedi and Kumari Chhavi Dwivedi, her two minor children be ordered to be produced on a rule nisi from the custody of Dilip Dwivedi, the minors' father and ordered to be set at liberty in the manner that the custody of the two minors be handed over to Priti Dwivedi, their mother and natural guardian.
(2.) A rule nisi in the matter was issued on 09.09.2020, ordering the two minors to be produced on 16.09.2020. This Court finding it to be a sensitive matter where the two minors caught in a battle between their parents, could be spared all that agony, referred the parties to the Allahabad High Court Mediation and Conciliation Center, in order to attempt an amicable settlement. That order was made on 18.09.2020. The report of the mediation center dated 19.10.2020 shows that mediation sessions were held on 21.09.2019, 09.10.2020, 12.10.2020, 14.10.2020 and 19.10.2020. Unfortunately, the mediation was completed with a report of "no agreement". This Court, accordingly, proceeded to hear the matter on merits on 22.10.2020 and judgment was reserved.
(3.) Parties have exchanged affidavits where Dilip Dwivedi, the 4th respondent has filed a counter affidavit and the petitioner, a rejoinder.;