- (1.) RAKESH Sharma, J. This is a father's habeas corpus petition, seeking production of detenu, his child, Master Arjun petitioner who is being detained by his mother Smt. Shivani Chandra, Sri Prashant Chandra and Smt. Shivani Chandra, got married on 15-2-2002 and thereafter Master Arjun was born out of their wedlock.
(2.) IT emerges from record that due to some differences between the parties, Smt. Shivani Chandra is now living with her parents. Both the parties have raised personal allegations against each other in the petition and counter-affidavit indicating reasons for not living together. However, the dispute was raised before a Competent Court who is dealing with the application moved by the husband under Section 9 of the Hindu Marriage Act. The child Master Arjun aged about three years is presently living with her mother, Smt. Shivani Chandra at Panchkula, Haryana. Sri Prashant Chandra has submitted that he is natural guardian of Master Arjun and he can provide him all the facilities such as education, maintenance etc. Mr. Prashant Chandra is an officer in the ICICI Bank and he is gaining sufficient salary to maintain the child. He has aged parents who are living at his residence in Indira Nagar, Lucknow. His parents can also taken care of the child in bringing him up in life. The petitioner, on being asked by the Court whether he sent any gifts, birthday gifts, sweets, toys, etc. , has placed a copy of F. D. R. for Rs. 10,000/- the maturity value of which has been shown to be Rs. 13,635/- on 21-8-2010. This amount was deposited for fixed term on 22-8- 2005. In addition to this, Rs. 5,000/- was also deposited on 22-5-2006 (i. e. one day before the date 23-5- 2006 was fixed by the Court ). Sri Mridul Rakesh, learned Counsel for Ms. Shivani Chandra, respondent 1, by filing a counter- affidavit, has submitted that respondent No. 1 is qualified Architect and is gainfully employed in a private construction firm at Panchkula, Haryana. She was mal-treated by her husband and under compelling circumstances she had to leave her marital home to live with her parents at Panchkula Haryana. Master Arjun, child, has been admitted in a prestigious school, Euro Kids Panchkula Haryana. She has placed the fee receipts to demonstrate that she is taking good care of education and welfare of the child. Her parents are well educated, healthy and are able to take care of the child at home.
(3.) IT has been alleged that Sri Prashant Chandra remains occupied in frequent tours and his job, service is transferable. Admittedly, his parents are suffering from cancer who may not be able to look after the child in the absence of Sri Prashant Chandra, father. Heard Sri Shailesh Kumar, learned Counsel for the petitioner and Sri Mridul Rakesh appearing for the respondent No. 1 at length. Both the parties have put forth their versions before the Court. The child has been brought to the Court by his mother Smt. Shivani Chandra. He looks active, charming and healthy.;