- (1.) This petition for a writ of habeas corpus has been effectively brought by the first petitioner, Gautam Saroj praying that the second petitioner, Garima, his minor daughter may be ordered to be produced from the custody of Ganesh Prasad, respondent no. 4, the minor's grandfather (maternal) and set at liberty in the manner that her care and custody be entrusted to Gautam Saroj.
(2.) This petition was admitted to hearing on 12.10.2020 and a rule nisi returnable on 21.10.2020, was issued. In compliance with the rule, Mr. Manoj Kumar Pandey, Advocate appeared for respondent no. 4. He has chosen not to file a counter affidavit on behalf of the said respondent. This Court, accordingly, proceeds to hear the matter.
(3.) During the hearing, the Court has spoken to the minor's grandfather (maternal), Ganesh Prasad, respondent no. 4 and the minor's father, Gautam Saroj. The Court has also spoken to the minor, Garima, who is aged three years and a half. She does not attend school yet. The Court has interacted with the child mindful of her tender years. She seems to be a bright child but too young to express an intelligent choice about her guardian or the person in whose custody she would like to be.;