- (1.) This writ petition in the nature of habeas corpus has been filed on behalf of Master Harshit Bodhani, aged about five years and Baby Kanak Bodhani (Kanishka), aged about four years through their mother Smt. Shakshi Bodhani for a direction to the respondent no.4 to handover the custody of both the minor children to their mother.
(2.) I have heard Sri Sudeep Seth learned counsel appearing on behalf of the petitioners and Sri P.S.Mehra, learned counsel for the private respondent no.4.
(3.) The facts as alleged in the writ petition are that Smt. Shakshi Bodhani was married to the respondent no.4 in the year 2007 and the corpus named herein above were born on 21.04.2010 and 28.07.2011 respectively. It is alleged that after the marriage, the respondent no.4 and his family members were not satisfied with the dowry and soon after the marriage, they started physical and mental torture of Smt. Shakshi Bodhani. Even after the birth of two children out of the said wedlock, the respondent no.4 continued with his illegal act of torture and when he found that dowry cannot be extorted, he forcibly evicted Smt. Shakshi Bodhani from his house on 20.03.2015 keeping both the children with him and since then Smt. Shakshi Bodhani is living with her parents. It is further alleged that Smt. Shakshi Bodhani made several efforts to get the custody of her children and also approached the police station, but she failed to get the custody of her minor children. An FIR to this effect was also lodged at police station Talkatora, District Lucknow, but the police did not take any action and suggested her to approach the Court. It is also alleged that Smt. Shakshi Bodhani being the mother and natural guardian has a right to keep the custody of her minor children. It is also alleged that the respondent no.4 is a businessman having a huge business and he hardly gets sufficient time to look after the children.;