IRSHAD ALI,J. - (1.) Heard learned counsel for the petitioner, learned A.G.A. for the State and learned counsel for the respondent No.3.
(2.) Present writ petition under Article 226 of the Constitution of India has been filed for issuance of a writ in the nature of habeas corpus directing respondents to produce the petitioner Vaibhav Shukla before this Court, set him at liberty and allow him to go and live with his grandparents.
(3.) For adjudication of the controversy, it is necessary to narrate some facts in brief. From the pleadings on record, it transpires that the deponent Smt. Sushma Shukla who is the grandmother of the petitioner Vaibhav Shukla had two sons - Gaurav Shukla and Gagan Shukla. Ganga Shukla was married to Nisha Shukla, respondent No.3. The petitioner was born from the wedlock on 19.9.2014. It has been pleaded that late Gagan Shukla had earlier married with Shweta Shukla in the year 2002 and a daughter Nitya Shukla was born in the year 2005. As Gagan Shukla did not have good terms with the deponent, he along with opposite party No.3 was residing separately with the deponent. Gagan Shukla succumbed to the injuries caused in a road accident on 20.7.2018. For sometime, respondent No.3 lived with the petitioner in the house where Smt. Sushma Shukla was residing, however, it appears that due to strained relationship, the respondent No.3 shifted to another residence owned by the deponent. The child was got admitted by the deponent in a school "Kidzee", Amrishpuri Colony, Raebareli where he has been studying. It has further been stated that due to the harassment meted out at the hands of respondent No.3, the husband of the deponent filed a writ petition No.4825M/B. of 2015 titled "Brijesh Shukla versus The State of U.P. and others" before this Court with the prayer for issuance of a writ of mandamus directing the respondent State to provide security to him. The writ petition was finally disposed of vide order dated 2.12.2015 passed by this Court. It has also been pleaded in the petition that one Raj Kumar Singh alias Munna had illicit relations with respondent No.3. The said Raj Kumar Singh is a life convict in Sessions Trial No.294 of 1995 under Section 326 I.P.C. Raj Kumar Singh has been enlarged on bail in a criminal appeal filed before this Court. Supplementing the pleadings, it has been stated that due to the strained relations and the atrocities being made by the opposite party No.3, the deponent and her husband severed all the ties with Gagan Shukla deceased.. Mother of the petitioner has opened a Beauty Parlour at ground floor of the residence owned by the deponent at M-3, Amrishpuri Colony, Kanpur Road, Raebareli. The opposite party No.3 and her parents have ill motive to usurp the property of the deponent and by one way or the other has been harassing the deponent and her husband. The deponent and her husband had already invested considerable money in favour of the petitioner. The future of the petitioner is not safe with mother. ;