Harsh Kumar, J. - (1.) Heard learned counsel for the petitioners and perused the record.
(2.) The present petition has been filed for directing the respondents to produce the petitioner no.1 wife, petitioner no.2 minor daughter and petitioner no.3 minor son of Govind Pandey, the husband of petitioner no.1 and father of petitioner nos.2 & 3 before the court for recording their statements as well as for handing over their custody to Govind Pandey.
(3.) Learned counsel for the petitioners has submitted that marriage between Govind Pandey and petitioner no.1 solemnized on 5.5.2006 and out of the wedlock petitioner nos.2 & 3 were born on 1.7.2009 and 9.5.2010 respectively; that the petitioner no.1 was fetched by her father on 3.12.2014 and in June, 2016 when Govind Pandey approached the respondent no.4 for fetching the petitioners, she, his mother-in-law refused to send them with petitioner Govind Pandey on the ground of his being unemployed, and did not even permit him to meet his wife and children on 20.6.2016; that the petitioner Govind Pandey, the husband of corpus-petitioner no.1 and father of corpus-petitioner nos.2 & 3, has filed the petition under Section 9 of Hindu Marriage Act for restitution for conjugal rights in the Family Court, Gorakhpur on 28.7.20126 which is pending for disposal; that since the father is guardian of his children, the wife of petitioner Govind Pandey may be directed to produce herself as well as her children before the court and their custody may be provided to the petitioner Govind Pandey.;