- (1.) In compliance with the rule nisi issued by this Court vide order dated 16.09.2020, the minor Rishik Lavania has been produced before this Court by Sub Inspector Amit Prasad, posted at P.S. Hariparvat, District Agra. Along with the minor, the mother Dr. Smt. Akanksha Vashishth has also appeared. The minor has been identified before this Court by the Sub Inspector who has brought him here. Smt. Akanksha Vashishth, has appeared in compliance with the order dated 31.08.2020 where it was left elective for her. She has been identified before this Court by Sri Vinit Kumar Singh, learned counsel appearing on behalf of respondent nos. 3, 4 and 5. He has also filed a short counter affidavit. It is taken on record. A supplementary affidavit has been filed on behalf of the petitioner which is also taken on record. Now, that master Rishik Lavania is present in Court along with his mother, Smt. Dr. Akanksha Vashishth, both of them being identified, this Court considers it appropriate for a just disposal of this rule nisi to record the mother's stand in the matter. The Court, accoringly, proceeds to record the statement of Dr. Smt.Akanksha Vashishth, verbatim: Q. Your name? A. Dr. Akanksha Vashishth. Q. Your husband's name? A. Dr. Sumit Lavania. Q. What is your occupation? A. I am BDS, Dentist. Q. Do you practice your profession? A. I used to, but presently I am not practicing. Q. What is your source of livelihood and support in life? A. Currently my parents are there and before coming to Agra I lived at Mumbai. I was working there. Q. The son stays in the custody of your parents or your custody? A. He stays with my parents since I left him at my home town, due to Covid-19. Now, I have left my job at Mumbai and come back to my home town, Agra. Q. You want the child to stay with you? A. Yes sir.
(2.) This Court has considered the statement of the minor's mother Dr. Smt. Akanksha Vashishth, who has categorically stated that the child stays with her and in her care and custody. It is her case that for a brief spell of time due to outbreak of the Covid-19 pandemic, she sent the child from Mumbai where she was in a job, to her parents. During that period of time the child was with the grand parents. It is also her stand that she has given up her job and is back to her home town, Agra. She has indicated her inclination to take care of the child. Now, the father and the mother are both natural guardians under Section 6(a) of the Hindu Minority and Guardianship Act.
(3.) Sri Vinit Kumar Singh, learned counsel for the respondents has raised an objection that this petition for habeas corpus cannot be utilized as a substitute for settling a custody dispute between two natural guardians. In the event, the father feels that he has a better claim to the minor's custody he can suit his case before the competent forum. It is Mr. Singh's submission that a writ of habeas corpus can issue to restore a minor's custody, where the minor is in unlawful custody; not where he/she is in custody that is pre-eminently lawful.;