Harsh Kumar, J. - (1.) Heard Shri S.M. Iqbal Hasan learned counsel for the petitioners and Shri Syed Farman Ahmad Naqvi learned counsel for the respondent at length
(2.) The petition for Habeas Corpus has been filed for petitioner nos.1, 2 and 3, the three minor children of petitioner no.4 with the following prayer :- "(A) Issue a writ, order or direction in the nature of Habeas Corpus commanding and directing the respondent to produce the petitioner no.1, 2 and 3 before this Hon'ble court and set at liberty and handed over the custody of petitioner no.1 to the petitioner no.4 who is the father and natural guardian. And further be please to grant the right of visitation in respect of petitioner no.2 and 3 to the petitioner no.4 who is the father and natural guardian of their daughters. (B) Issue any other writ, order or directions which this Hon'ble Court may deem fit and proper under the fact and circumstances of the case. (C) Award the cost of this writ petition in favour of the petitioners."
(3.) Counter and rejoinder affidavits have been exchanged. The learned counsel for respondent party has raised a preliminary law point of non-maintainability of the petition for Habeas Corpus.;