(1.) This writ petition seeking a writ of habeas corpus has been filed by the petitioner, in which following reliefs are sought:
(2.) Facts giving rise to filing of this petition briefly stated are that the petitioner and respondent No.3 (hereinafter referred to as 'the wife' for short) got married on 23/10/2011. Out of the wedlock, a daughter viz., Miss Mayra Giri (hereinafter referred to as 'the daughter' for short) was born to them. The petitioner who is the father of the daughter filed a petition under Sec. 25 of the Guardians and Wards Act, 1890 (hereinafter referred to as 'the Act' for short), which was allowed by the Family Court vide judgment and decree dtd. 3/3/2022. The operative portion of the judgment reads as under:
(3.) It is not in dispute that the aforesaid order passed by the family court was challenged by the wife in an appeal under Sec. 47(c) of the Act viz., M.F.A.No.2786/22. The aforesaid appeal was decided vide judgment dtd. 31/1/2023 and the judgment of the family court has been upheld. The operative portion of the aforesaid judgment passed in the M.F.A. reads as under: