Pratyush Kumar, J. - (1.) In the revised call none responds for the respondent nos. 5 and 6. Heard Sri P.K. Sinha and Sri R.R. Kushwaha, learned counsel appearing for the petitioners.
(2.) By the instant petition petitioner no.2, mother of petitioner no.1, a female child of about 4 years, seeks change of custody of her daughter from respondent nos. 5 and 6, who happens to be her paternal grandmother and grandfather, from them to her on the ground that the husband of petitioner no.2 had died on 11.8.2014 leaving behind him the corpus and petitioner no.2, his wife. On 30.9.2014 respondent nos. 5 and 6 with the help of others had forcibly taken the corpus with them from the possession of the petitioner no.2. They have detained the corpus illegally.
(3.) On behalf of respondent nos.5 and 6 counter affidavit has been filed whereby averments contained in the writ petition have been denied except that the father of the corpus married with petitioner no.2, who gave birth to the corpus. It has been further stated in the counter affidavit that petitioner no.2 had deserted her sick husband leaving behind her five months old daughter, petitioner no.1 and started to live with some other person. Thereafter, petitioner no.2 and her husband agreed upon for divorce by mutual consent. The petitioner no.2 and her husband had also filed a divorce petition on 2.7.2013 by mutual consent under section 13 B of the Hindu Marriage Act.;