- (1.) This petition has been filed by the mother Smt. Roochi Srivastava for providing custody of her daughter/corpus with the allegations that the corpus is illegally detained by respondent nos. 4 and 5 being grand father and father of the corpus respectively.
(2.) The brief facts of the case are as follows;- Marriage between Smt. Roochi Srivastava and respondent no.5 Roopesh Srivastava took place on 27.11.2003. The corpus was born on 17.1.2004 out of their wedlock. Certain other facts regarding respondent no.4 are being mentioned but these facts are no more relevant, hence not being incorporated. The brother-in-law of the husband Roopesh Srivastava namely Pushpak Jyoti is D.I.G. Police and all along petitioner was harassed, beaten by them. On 2.6.2015 she was badly beaten and on 3.6.2015 was given poison by her husband, she was admitted in hospital on 3.6.2015 for treatment from where she was discharged on 5.6.2015 and went to her father's place. On 7.6.2015, mother-in-law of the petitioner died and she came to her matrimonial house to attend the ceremony where the corpus was taken forcibly and was given to one of her relative. On 25.10.2015, the petitioner was again beaten badly and was forced to go to her father's house. The demand of the petitioner for handing over her daughter was not met by the private respondents and brother-in-law of Roopesh Srivastava, respondent no.5, as stated above, D.I.G. Police so the police is not extending helping hand. The petitioner Roochi Srivastava is having all the means to maintain her daughter. The corpus was getting education in one of the most popular college of Kanpur namely Sir Padam Path Singhania education centre. The age of Pawani Srivastava/corpus is 11 years and being the mother the custody is being claimed by the petitioner.
(3.) As per the counter affidavit the petitioner Roochi Srivastava is not of sound mind, she attempted suicide on 10.9.2008 by consuming sleeping pills. She was admitted in a Nursing Home on 10.9.2008 and was discharged from there on 12.9.2008. Smt. Roochi Srivastava admitted the same fact and also given in her own handwriting on Rs. 100/-stamp paper that she would not commit suicide in future and also admitted her fault. Again. she attempted suicide on 3.6.2016 and was again admitted in G.C.V.M. Medical College Kanpur from where she was discharged on 5.6.2016.;