RAJESH K GUPTA Vs. RAM GOPAL AGARWALA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave has been preferred against the judgment and order dated 10-3-2005 of Delhi High Court by which the habeas corpus petition filed by the appellant was disposed of with certain directions.

(3.) The appellant Rajesh Kumar Gupta is an Advocate-on-Record and is practicing in the Supreme Court of India since 1996. His marriage with Smt. Aruna Gupta daughter of Shri Ram Gopal Agarwala (respondent No.1 herein) took place on 24-8-1997 and a daughter Rose Mala was born out of the wedlock on 5-6-2003. It appears that some differences have arisen between the appellant and his wife Smt. Aruna Gupta and currently she is living along with her parents, who have also been arrayed as respondent Nos.1 and 2 in the special leave petition. The dispute here is about the custody of the child Rose Mala, who is with her mother. The appellant filed a habeas corpus petition in the Delhi High Court seeking the custody of his daughter Rose Mala mainly on the ground that she had been abducted by respondent Nos.1 and 2 on 6-3-2005 and that on account of mental ailment with which his wife was suffering, the custody of the child should be given to him.