- (1.) SMT. Gurpriya Khera, the mother of the minor child Master Manveer Khera has filed this petition praying for a writ in the nature of Habeas Corpus directing respondents No. 1 to 3 to produce the petitioner before the Court and hand over the custody of the Child to the mother, SMT. Gurpriya Khera.
(2.) ADMITTEDLY, Smt. Gurpriya Khera was married to late. Lt. Mandeep Singh Khera (Indian Navy), on 6-10- 90. The child Master Manveer Khera was born out of this union on 17-11-91. On 3-2-96, in a car accident, the husband of Smt. Gurpriya died and she also received injuries. The child Master Manveer Khera was taken up by respondents No. 1 to 3, who are the in-laws of Smt. Gurpriya Khera. It is said that Smt. Gurpriya Khera also received multiple fractures in that car accident and she fell unconscious. She was initially admitted to a Hospital at Rajali. From there, she was shifted to the Military Hospital, Madras and from there, she was discharged on 15-3-96 and brought to Chandigarh by her father and ever since she has been residing there. Without caring for the injured Smt. Gurpriya, the respondents took away the child Master Manveer Khera on 7-2-1996 from the hospital and brought him to Shahjahanpur (U. P.) and eversince the child is residing with respondents 1 to 3. Smt. Gurpriya made repeated efforts to have the custody of the child. But she has failed. She is about 26 years' old and educated upto B. A. She belongs to a good family of status. Her father is a retired Army Officer and her mother is a Co-ordinator in Guru Nanak Public School, Chandigarh. Smt. Gurpriya Khera is in a very sound financial position and can look after the betterment of the child and can bring conducive atmosphere, which may be helpful in the future development of his personality. She is a legal guardian also, whereas, respondents 1 to 3 are not, during her life time. In the meantime, it is said that the respondents are prosecuting a divorce petition, allegedly filed by the husband of Smt. Gurpriya in the Court of Shahjahanpur even after his death. This is wrong. Her husband never filed a divorce petition against her. They have been leading peaceful and conducively happy married life. She has heard that respondents No, 1 to 3 are likely to escape to Canada, where the brother of respondent No. 1 resides. The petitioner has sent a written request on 5-6-96 to the Canadian High Commission -and the American Embassy so that they may not be allowed to take away -her child. Under -these circumstances, she has alleged that she can watch the interest of the minor in a better manner.
(3.) IN the counter affidavit, the respondent No. 1 has alleged that even during the life time of late Lt. Mandeep Singh Khera, the husband of Smt. Gurpriya, there was serious differences between the husband and wife and the respondents were looking after the child. The husband was compelled to file a divorce suit in the Court at Shahjahanpur against Smt. Gurpriya Khera. Allegedly she admitted the claim (which has been denied by her ). It has been alleged that the grandfather of the -child is a retired officer. He was posted as a Senior Manager, BHEL and got a large package of retirement benefits. He has agricultural land in Punjab as well as Shahjahanpur. He has a shop at Poona. Smt. Gurpriya's father is a retired territorial Army Officer. Her mother is a school teacher. Smt. Gurpriya is not in a perfect mental state having no love and affection for the child. This way the best interest of the child can be served only while remaining with respondents. It is not disputed that the child is residing with respondents. After the death of her husband, Smt. Gurpriya has received a large package of retirement benefits (death dues) and is in a sound financial position. This does not mean that the respondents' financial position is not sound.;