JAYANTA KUMAR BISWAS, J. - (1.) THE petitioners in this WP under Art.226 of the Constitution of India dated April 26, 2013 are seeking the following principal relief: - "a) Pass appropriate writ, order and/or directions particularly in the nature of Habeas Corpus directing the Respondents 2 and 3 to get the minor Khushi Sharma and Aditya Sharma children of Late Sandeep Sharma released, who have been remained under illegal custody of Respondent Nos. 4 to 11, and hand them over to the petitioners." The second and third respondents referred to in prayer (a) of the WP are the following: - "2.Station House Officer, Police Station: Chandni Chowk, Delhi -110006. 3. Incharge of Police, Police Station: Regent Park, P.O.: Naktalla, Kolkata 700 047."
(2.) THE petitioners had a son called Sandip. The fourth respondent Sunita was married to Sandip. Out of the wedlock a female child and a male child were born. Sandip died on October 6, 2010. In September, 2011 Sunita left the matrimonial home with her children. Then she married the fifth respondent Gangeswar on June 21, 2012. The sixth respondent Sharda is Gangaswar's sister. The seventh respondent Ramesh is Sharda's husband. The eighth respondent Kiran is Sunita's sister. The ninth respondent Chandra Sekhar is Kiran's husband. The tenth respondent Ramgopal is Sunita's father. The eleventh respondent Ravi is Sunita's brother.
(3.) THE case of the petitioners is this. Sunita has given custody of her daughter to the sixth respondent. Her son is in the custody of the eighth and ninth respondents. Since Sunita's daughter and son are in the illegal custody of these respondents, a habeas corpus should be issued directing production of the children so that considering the question of their welfare that is of paramount interest, they (the petitioners) can be given custody of the children.;