Surendra Nath Bhargava, J. - (1.) THIS is a habeas corpus petition filed by the mother Smt. Saravjeet Kaur Mehmi for the custody of her minor daughter Kumari Meghna Preetima Singh (in short 'Meghna Singh').
(2.) AS per the allegations in the petition, the petitioner was married to Mahendra Pal Singh in United Kingdom on 26th January, 1982 and the girl Meghna Singh was born to the couple on 3rd June, 1983. Unfortunately, the relations between the husband and wife got strained, and the husband Mahendra Pal Singh removed the child from the custody of her mother with out her knowledge. Therefore, the petitioner had to initiate Wardship proceedings in the High Court of Justice (Family Division) U.K. where in the husband came with the case that he had left the child Meghna Singh with his mother Mrs. Jeeto Kaur at Bharomajara, Punjab. On 5 -5 -1987, a consent order was passed by the High Court of Justice (Family Division) U.K. There after, the petitioner came to India and met Mrs. Jeeto Kaur, mother of Mahendra Pal Singh, who told her that the child was not with her nor her son Mahendra Pal Singh met her after April, 1987. Mahendra Pal Singh filed another affidavit dated 29th May, 1987 in the court at U.K. asserting that the child was with his mother. The petitioner contacted respondent Nos. 4 and 5 Mr. Tilak Chand Palawat and Mrs. Pushpa Palawat who were friends of Mahendra Pal Singh, but they also did not tell her regarding the where abouts of her daughter Meghna Singh. Since the petitioner had strong suspicion that respondent Nos. 4 and 5 had full knowledge about the child, she filed this habeas corpus petition in this Court on 8th July, 1987, impleading the State of Rajasthan, Director General of Police, Rajasthan, Supdt. of Police, Jaipur City, Mr. Tilak Chand Palawat and Mrs. Pushpa Palawat.
(3.) THIS petition came up for orders before us on 10th July, 1987. The petition was admitted and respondent Nos. 1 to 3 were directed to search the child Meghna Singh, and to produce her in court on the next date i.e. on 14 -7 -1987. The respondent Nos. 4 and 5 were also directed to be present in person along with Kumari Meghna Singh. There was wide publicity in newspapers regarding this case, both published from Jaipur as well as from Delhi. The photographs of Meghna Singh as also that of the petitioner and her husband were published in the newspapers. On 13 -7 -1987, Mr. Virenra Dangi, Advocate, met us in the chamber and took permission for getting the case listed in supplementary as he wanted to produce the child in the court. The case was taken up on 13 -7 -1987 at 3.30 p.m. when the petitioner and her counsel, Mr. Jagdeep Dhankhar were also present. Shri Nupendra Singh produced the child Meghna Singh in court and also submitted an application stating there in that after reading the news item in the Rajasthan Patrika dated 12th July, 1987, and seeing the photograph of Meghna Singh as also that of her parents, he thought it proper to produce the child in the court. It was further stated in his application that Mahendra Pal Singh was known to him and that some time in the last week of April, 1987, he received a letter from Mahendra Pal Singh, photostat copy where of has been annexed with the petition as Schedule -A and same day Mahendra Pal Singh also came to Jaipur along with an old lady to whom he called to be his mother, and left the baby Meghna with him for a short duration and since then, Meghna Singh was with him. Since the next date fixed in the petition was 14th July, 1987, Nupendra Singh was requested to keep the custody of the child till further orders and he was asked to attend the court on 14 -7 -1987 along with the child Meghna Singh. On 14 -7 -1987, respondent Nos. 4 and 5 submitted reply to the habeas corpus petition through their Advocate, Shri U.N. Bhandari and sought exemption for their personal appearance which was granted to them. In their reply, they have asserted that Mahendra Pal Singh did not meet them in April or May, 1987 nor they were aware of the where abouts of Meghna Singh.;