J.J.Munir,J. - (1.) Smt. Reetu, the first petitioner says that her minor son, Mohan @ Bholey, the second petitioner has been unlawfully detained by respondent nos.6, 7, 8, 9 and 10. She prays that a writ in the nature of habeas corpus be issued to respondent nos.6, 7, 8, 9 and 10, ordering them to produce the second petitioner before this Court and upon production, the said minor be set at liberty by placing him in her custody.
(2.) A rule nisi was issued on 24.08.2020, ordering the minor, Mohan @ Bholey, to be produced before the Court on 27.08.2020 at 2:00 p.m. On 27.08.2020, the minor was produced in the manner and the time directed. This Court finding the minor to be a very young child, aged about 3 years, thought it appropriate to hear the matter in camera. The case was directed to be put up in Chambers at 4:00 p.m., where family members of the minor alone were allowed along with learned Counsel. During the hearing in Chambers, this Court while reserving judgment, recorded the following orders: "This matter has been taken up in Chambers today at 4 p.m., in accordance with the earlier order of the day, in presence of Sri Vikrant Singh Parihar, learned Counsel for the petitioners and Sri Ajit Kumar, learned Counsel appearing on behalf of respondent nos.8 and 9, who are the grandmother of the minor and the father's elder brother. respondent nos.6 and 7, who are the sister and the sister's husband of the minor's deceased father, are not required to be heard. Respondent no.10, Chhotey Lal is reported to be dead. I have spoken to the minor Mohan @ Bholey in Chambers. He is a very young child of three years. I have also spoken to the mother, petitioner no.1, the grandmother of the minor, respondent no.8, in whose custody the minor presently stays and respondent no.9, Deen Dayal. Learned Counsel for both parties have addressed this Court on merits of their respective cases. Judgment reserved."
(3.) Heard Sri Vikrant Singh Parihar, learned Counsel for the petitioners and Sri Ajit Kumar, learned Counsel appearing on behalf of respondent nos.8 and 9.;