L.N. Mittal, J. - (1.) JASMEEN alias Pinky has filed this Habeas Corpus writ petition to seek custody of her minor daughter Tania alleged to have been illegally detained by Respondents No. 3 and 4.
(2.) PETITIONER is wife of Walayat Khan, who is alleged to have committed suicide. Case under Section 306 of the Indian Penal Code (in short - IPC) regarding the said suicide is said to have been registered against the Petitioner and her mother. Respondent No. 3 is first wife of Walayat Khan. Respondent No. 4 is said to be nephew of Walayat Khan. It is alleged that Respondents No. 3 and 4 have snatched the Petitioner's daughter Tania from her. Respondents No. 3 and 4, in their separate replies, have controverted the averments made in the writ petition. They have stated that Petitioner's daughter is not in their custody. They have also alleged that Tania is in the custody of her grandmother Karamety (mother of Walayat Khan and mother -in -law of the Petitioner). It is also alleged in the replies that there is suicide note of Walayat Khan, who has specifically mentioned therein that his daughter Tania should remain with his mother Karamety.
(3.) PURSUANT to order of the preceding date, Respondent No. 3 is present in person in the Court along with Karamety, who has also brought the alleged detenue Tania. The Petitioner is also present in person. On her request, the Petitioner was allowed to meet her daughter Tania in the Court room for some time.;