DIPIKABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner who happens to be the mother, has filed this petition seeking writ of Habeas Corpus to produce the corpus-her son named Shivansh aged two years. The allegations made in the petition run as under,

(2.) Pursuant to issuance of Notice on 6/10/2021, the corpus Shivansh was produced before us. We notice from the record of the petition that the proceedings under section 97 of the Criminal Procedure Code, 1973, were carried out at the instance of wife. The court taking view that the custody of the child with the father could not be said to be illegal custody, dismissed the application of the wife. Learned advocate for the petitioner sought to submit that in the present jurisdiction, while the court considers the issue, the said aspect may not be an influencing factor.

(3.) Today, the corpus was produced being in the custody of respondent No.3 father. The mother was present, father was also present and also the corpus. When we took up the case in chamber, we interacted with the petitioner mother and father. Learned advocates for both the sides Ms. Mamta Vyas and Mr. Hiren Modi participated in the discussion.