Vinod Prasad and S.S.Tiwari, JJ. - (1.) THIS is a very hard and pathetic case. A natural mother who has given birth to a child has invoked our extra-ordinary jurisdiction under Article 226 of the Constitution of India by filing the present habeas corpus writ petition with the prayer that a writ of habeas corpus be issued and the detenu be summoned and be set at liberty forthwith.
(2.) THE facts, as was argued before us, by Sri P. K. Singh, learned counsel for the petitioner are that the petitioner Laxmi Devi, on her own volition, married with Srikrishna Balmiki. At the time of solemnization of her marriage she was a minor and, therefore, it seems that under the orders of this Court passed in habeas corpus writ petition, Laxmi Devi was handed over to her father Ranveer Singh Sharma, respondent No. 5. At the time of the said handing over, Laxmi Devi, the petitioner, was having a pregnancy of 7 months. Subsequently, Laxmi Devi was blessed with a child, however, her father, respondent No. 5, Ranveer Singh Sharma handed over the infant child to a orphanage Mother Teresa Shishu Bhawan, Kanpur Nagar, which is respondent No. 4, in this habeas corpus writ petition. For the custody of the said child, the petitioner has filed the instant habeas corpus writ petition. At the very outset, the primary question which cropped up for our consideration was as to whether the present habeas corpus writ petition is maintainable or not? Admittedly, on the facts mentioned above, the child is not under illegal custody and, therefore, this habeas corpus writ petition is not legally maintainable. We could have dismissed this habeas corpus writ petition on that score alone without adverting to other aspects but we feel that technicality of maintainability should not come in our way to reunite the child with the mother who has given birth to her. We, therefore, do not propose to dismiss this habeas corpus writ petition on the ground of maintainability. Having heard both the sides, we direct Laxmi Devi and her husband Srikrishna Balmiki, who is stated to be the natural father of the child to approach Mother Teresa Shishu Bhawan, Kanpur Nagar through District Magistrate, Kanpur Nagar. Both the parents Laxmi Devi and Srikrishna Balmiki are directed to get the child, identify in Mother Teresa Shishu Bhawan, Kanpur Nagar, if at all possible. If the child is identified by the aforesaid parents, they are directed to apply for legal adoption of the said child. If such an endeavour is made by the parents, we hope and trust that Mother Teresa Shishu Bhawan, Kanpur Nagar will definitely help them in having a legal adoption.
(3.) WITH the aforesaid dirction, this Habeas corpus writ petition is finally disposed of.;