NARMITA KAPUR Vs. ANIL KAPUR

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India read with S. 482 of ihCriminal Producer Code, 1973 the petitioner Snit. Narinita Kapur prays for the issuance of a writ of habeas corpus directing the respondents who are her husband and in-laws to produce her infant son Mohit aged II months and to hand over his custody to her. Anil Kapur respondent No. 1 is the husband of the petitioner, whereas respondents 2 and 3 Nand Kishore Kapur and Mrs. Janki Devi Kapur are respectively her father-in-law and mother-in-law.

(2.) The petitioner and respondent No. I were married to each other on 21-9-1985 at New Delhi and the minor child Mohit was born to them on 14-8-1986. It is asserted that she was turned out of the matrimonial home by the respondents on 19-4-1987 and not allowed to return. Thereafter on 28-5-1987 a petition for divorce was filed by the husband against the wife on 28-5-1987 under S. 13(1) (ia) of the Hindu Marriage Act on the ground of cruelty which is pending. Yet another suit for permanent injunction was filed by the husband against the wife and her parents seeking to restrain them from entering his house allegedly on the ground that they had been harassing him and his parents by creating nuisance at his house.

(3.) It is alleged that the infant child is only about 11 months old and is breast fed by the petitioner and is being kept away from her lawful custody and is being neglected mercilessly by being kept in the care of Ayah in a very unhygenic manner which is highly detrimental to the healthy growth of the Child and that the respondents are not at all bothered about the welfare of the child.