AKANKSHA BUDHIRAJA Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking a writ of habeas corpus to produce her son, namely, Master Gaurav who is not yet 5 years of age and who, according to the petitioner, is presently with his father at Moradabad. The petitioner is mother of Mst. Gaurav, who resides at Rudrapur, District Udham Singh Nagar.

(2.) The case of the petitioner is that she and Sachin Budhiraja/respondent no. 4 were married on 06.12012 as per Hindu rites and ceremonies. Thereafter on 15.10.2013, out of the wedlock, they had a son, namely, Master Gaurav. There is an allegation of demand of dowry, torture, etc. at the hands of respondent no. 4 and thereafter the petitioner left her matrimonial house along with her son on 25.03.2018 and since then she is residing with her parents at Rudrapur, District Udham Singh Nagar, Uttarakhand. The petitioner states that on 23.05.2018, respondent no. 4, who is her husband and respondent no. 5, who is her mother-in-law came to her maternal house at Rudrapur and requested that Gaurav be sent with them for only ten days to Moradabad. The petitioner though initially hesitant but finally accepted this request, but thereafter respondent no. 4 has not returned with their son. Moreover, it is also alleged that she is not being allowed to talk to her son. She further alleges that respondent no. 4 is a businessman and remains outside the house and there is no one to take care of the son, etc.

(3.) Petitioner'S counsel Sri Vipul Sharma was asked as to how a son can be said to be in unlawful custody of his father and more important whether a writ of habeas corpus would lie under these circumstances.