- (1.) The petitioner no.2 who is the mother of detanue has moved this petition seeking direction to the respondents no. 4,5 and 6 to produce the detanue-Aman Khan aged about one and half years before this Court, set him at liberty and he be entrusted to the lawful custody of petitioner no.2.
(2.) The facts in brief, are that the petitioner no.2 (Nazreen Khatun) was married to Akbar Ali Khan(since deceased) on 28.4.2011; her husband and his family members were not satisfied with the dowry and they started torturing her with cruelty. However, out of wedlock, they were blessed with a male issue namely Aman Khan, who is now aged about 2 years; that even after the birth of Aman Khan, there was no change in the behavior of the in-laws of petitioner and they compelled her to leave her matrimonial home. She was turned out and thereafter, she took shelter in her parental house along with the minor son aforesaid; that on 2.12.2015 at about 11.00 AM, her husband-Akbar Ali Khan along with respondents no. 4,5 and 6 and other unknown persons armed with deadly weapons forcibly entered into her parental house and started marpit with her and her brothers. In the said incident, fire opened by the miscreants hits her husband and resultantly, he succumbed to injuries. However, other persons succeeded in snatching the minor-Aman Khan from her lap; that a first information report under Section 302,120-B, IPC was lodged against the petitioner- Nazreen Khatun and her three brothers. The police after concluding the investigation, has submitted charge sheet against all the accused persons including the petitioner no.2; that an application was also moved by the petitioner before the police mentioning the correct factual position about kidnapping of the son, but no report has yet been lodged. It is further submitted that from 2.12.2015, the detanue-Aman Khan is in illegal custody of the respondents, hence this petition.
(3.) The respondents no. 4,5 and 6 who are the real uncle, grand father and grand mother of the detanue-Aman Khan respectively have filed their counter affidavit admitting the factum of marriage of the petitioner no.2 with Akbar Ali Khan and birth of male child-Aman Khan out of the wedlock. However, other allegations are denied. It has been submitted that Akbar Ali Khan was murdered by the petitioner no.2 and her brothers in their house and if Aman Khan is given in the custody of petitioner no.2 who is apprehended to be convicted with life imprisonment or in case, she arrange second marriage, the custody of the detanue would not be proper to be handed over to her,;