- (1.) D. S. Sinha, J. By means of this petition Smt. Manjula Jha, the peti tioner, prays for the issue of a writ, order of direction in the nature of habeas corpus directing her husband Sri Ravindra Nath Jha, the respondent, to produce their minor daughter Kumari Manjari Jha, i" this Court and for further direc tion to hand over the custody of the said child to her.
(2.) ACCORDING to the averments made in the petition, Kumari Manjari Jha is aged a little more that 6 years. She was coming back from her school on 15th April, 1987 along with the petitioner. The respondent accompanied by some undesirable persons and his associates called the petitioner to have some talks for a couple of minutes and then suddenly snatched the said child from her hands and fled away on a scooter taking with him the child forcibly. The petitioner alleges that the child was prematurely born and has been ailing since birth. According to her the child is highly anaemic and has periodical attacks of convulsions. The petitioner asserts that in this state of health it was absolutely necessary that the child should have the mother's love and affection. Further allegations of the petitioner are that the relationship between her and her husband are strained for the last few years ; that she is living separate from her husband for last 4-5 months because the respondent had fallen into bad company, did not provide food and clothes, treated her with cruelty, beat her and did not keep her according to the family status ; that the respondent is living in adulterous life with one Smt. Santosh Jain that he has off springs from the adulterous union with Smt. Santosh Jain and is attached to them and finally that he has no love and affection for Kmari Manjari Jha.
(3.) RELYING on the circumstances, stated hereinbefore, the petitioner asserts that it would not be in the interest of the welfare of the child to allow her to remain in the custody of the respondent. From the averments it transpires that the petitioners has filed an application under Section 10 of the Guardians and Wards Act, 1890 in the court of the District Judge, Aligarh. The said application has been registered as Misc. Case No. 103 of 1987. In the application she has prayed for a declaration in her favour as guardian of the child Kumari Manjari Jha. She has further prayed for the custody of the person of the child. This application is still pending.;