FARHANA Vs. STATE & ORS

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Article 226 of the Constitution of India seeking issuance of a Writ of Habeas Corpus/ Direction against the respondents.

(2.) The brief facts which led to the filing of the present petition as per the petitioner are that the petitioner /Mrs. Farhana was married to one Fawaz as per muslim rites and customs on 26.10.2013 and out of the wedlock one girl child/Mannat was born on 15.01.2015. On 20.06.2017, the girl child was taken away by her father from her maternal residence and he kept the child in his illegal custody. The petitioner alleges that she was also not allowed to meet her daughter, on account of which, on 12.08.2017 a police complaint was lodged in PS Welcome Distt. Shahdara, Delhi. An application under Section 12 of the Guardian and Wards Act, 1890 was filed by the petitioner in the Family Court seeking protection and custody of child, to which an order dated 20.02.2018 was passed whereby the respondent no. 3 to 7 was directed to hand over the custody of child to the petitioner in court on 01.03.2018 failing which coercive action would be taken against them but the said direction was not adhered to by the respondent no. 3 to 7.

(3.) On 01.03.2018, an order was passed by the Family Court issuing notice to the SHO, PS Welcome to search for the child and to produce the child in court on 12.03.2018. On 12.03.2018, a letter from the DCP was received in the court stating that the child was not traceable and the matter was further fixed for hearing 12.03.2018. On 12.03.2018, the child could not be produced in the court as she was still untraceable. Alternatively, the petitioner preferred the present writ petition of Habeas Corpus seeking direction to the SHO to trace the minor child and hand over the custody to the petitioner.