- (1.) D. K. Trivedi, J. By means of this petition Smt. Geeta Gupta has sought for the custody of her minor son Ashutosh alias Sonu who admittedly is residing with his father opposite party No. 1 Prabhat Kumar Gupta.
(2.) IT is admitted to both the parties that Smt. Geeta Gupta and Prabhat Kumar are the wife and husband having married on 3rd of February, 1995 and Sonu alias Ashutosh was born out of their wed lock. There has been some dispute be tween the couple and both of them are accusing each other of cruelty. Smt. Geeta Gupta was allegedly turned out of her 'sasural' on 19-1-1998 and Sonu alias Ashutosh was detained by her husband Prabhat Kumar. On 29-3-1998 the S. H. O. Bazar Khala called Smt. Geeta Gupta and Prab hat Kumar to the police station Bazar Khala and handed over the petitioner to Smt. Geeta Gupta. On 30-3-1998 the S. H. O. Bazar Khala again took Sonu from his mother and handed him over to Prab hat Kumar. According to Smt. Geeta Gupta, she runs a P. C. O. and her monthly average income is Rs. 5000/- per month. She claims to be a graduate. It is alleged that Prabhat Kumar is a business man deal ing in whole-sale of mustard. oil. It is al leged by Smt. Geeta Gupta that Prabhat Kumar cannot properly take care of Sonu alias Ashutosh and that the child is being unlawfully detained by his father Prabhat Kumar. A writ of habeas corpus is, there fore, sought to be issued. Counter-affidavit has been filed by Prabhat Kumar. He claims that he is the only son of his parents and Smt. Geeta has been pressing him for separate living. Smt. Geeta went to her 'maika' on 31-7-1995 and thereafter did not come back till the intervention of the police. He denied that he ever demanded any dowry or turned out Smt. Geeta from his house. On 19-l-1998a scene was created by the relatives of Smt. Geeta. Smt. Geeta went with her mother and 'bhabhi' leaving behind Sonu. In spite of all efforts made by Prabhat Kumar, it is alleged that Smt. Geeta did not come back to the house of her husband.
(3.) PRABHAT Kumar filed a case on 30-3-1998 under Section 9 of the Hindu Mar riage Act before the Principal Judge, Fami ly Court. PRABHAT Kumar admitted that he was made to sign on a "tkhreer" on 29- 3-1998 and he handed over the custody of Sonu to Smt. Geeta. It is alleged by op posite party No. 1 that Tulsiram, brother of Smt. Geeta brought back Sonu on 30-3-1998 to his house and gave custody of the child to him and another 'tahreer' was prepared. According to opposite party No. 1 it is not possible for Smt. Geeta to main tain and look-after Ashutosh alias Sonu while he can very well look-after his son. It appears from the record of the case that under order dated 1st May, 1998 Smt. Begum Sabina Kamal Advocate was appointed as counselor to bring about reconciliation between the parties. Smt. Begum Sabina Kamal Advocate made her efforts on 1st, 2nd and 3rd May, 1998 and the couple was willing to live together in a separate rented accommodation with their son Sonu. Smt. Geeta, however, made a request to Smt. Begum Sabina Kamal for recording the statement of Prabhat Kumar to provide full protection to Smt. Geeta.;