MASTER VANSH (MINOR) THRU. NATURAL GUARDIAN & MOTHER SUMAN Vs. STATE OF U.P. THRU. PRIN. SECY., HOME DEPTT. AND 4 OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record. This writ petition in the nature of habeas corpus has been filed on behalf of Master Vansh through his mother on the ground that he is under illegal detention of the opposite parties no.4 to 7.

(2.) As per the allegations made in the writ petition, the mother of the petitioner Smt. Suman was married to Nirmal Kumar on 21.03.2009 and the petitioner was born on 04.03.2011. The husband of the petitioner's mother is no more and died on 12.04.2015 as a result of heart disease. Since the death of his father, the petitioner is living with the opposite parties no.6 and 7. It has been pleaded in the petition that just after 4th day of the death of Nirmal Kumar, the mother of the petitioner was forcibly evicted from her matrimonial house and the petitioner was illegally detained by the opposite parties. The mother of the petitioner also gave an application to the police on 19.05.2015, but no action was taken.

(3.) After the counter-affidavit was filed by the opposite parties no.4 and 5, the petitioner impleaded the opposite parties no.6 and 7 because the petitioner was in their custody. The opposite parties no.6 and 7 have also filed their counter-affidavit in which they have stated that soon after the death of her husband, Smt. Suman left her matrimonial home leaving behind his son and started living with one Sunil. The petitioner is comfortably living with his grand mother and is also being looked after by her. Presently, he is aged about five years and it will not be safe for him to live with his mother because Smt. Suman has started living with some one else.