SHEELA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) IN this writ petition, the petitioner prays for the issuance of a writ of habeas corpus directing the respondent No. 2 to produce the son of the petitioner, Rohit, aged about four years and to hand over the custody of the said child to the petitioner. A writ of mandamus or any other writ or direction to the respondent No. l to register an FIR against the respondent No. 2 is also prayed for.

(2.) ON issuance of notice to the respondents, the respondent No. 2-husband appeared in person and by an order dated august 21, 2007 was directed to hand over the custody of the child to the petitioner-mother in the Court. The petitioner was, however, directed to bring the child on the following day to the Court, that is, on 22nd august, 2007. On the said date, an order was passed by a Division Bench of this court, which reads as under:

(3.) PURSUANT to the aforesaid order, undertakings were furnished by the parties, i. e, the petitioner, the respondent No. 2, the father of the petitioner, Shri Roop Singh sajwan, and the father of the respondent no. 2, Shri Anand Singh Rawat, in terms of the aforesaid order. The custody of the child was consequently allowed to remain with the petitioner-mother for the time being. In order to ensure compliance with the order, the case was adjourned to 28th November, 2007 when the petitioner, the respondent no. 2 and the child were directed to be present in Court.