PATEL JAGRUTIBEN JAGDISHKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition under Article 226 of the Constitution of India, present petitioner, who is mother of the child aged about 8 years, has prayed for issuance of writ in the nature of habeas corpus for production of a child namely "Henil", who is in the custody of her husband i.e. respondent No.2.

(2.) It is the case of the petitioner that she had married with respondent No.2 on 12/5/2013 as per Hindu Rites and Rituals at Dholka. Out of the said wedlock, she has delivered one child namely Henil on 28/7/2014. It is stated by the petitioner that she is deprived of the custody of the child since 8/6/2018. It is further disclosed that she has filed the petition under the provisions of the Guardian and Wards Act before the District Court, Ahmedabad (Rural) for the custody of the child. However, the same was withdrawn. It is further alleged that her husband has illegally married to one another lady and therefore, the custody of the child may be handed over to her.

(3.) Mr. A.D. Desai, learned advocate for the petitioner in support of his submissions, has relied upon the decisions in the case of Vasudha Sethi & Ors. Vs. Kiran V. Bhaskar & Anr. reported in 2022 SAR (Cri.) 151 and Yashita Sahu Vs. State of Rajasthan & Ors. reported in 2020 SAR (Cri.) 811 and would submit that writ of habeas is maintainable and welfare of the child is the paramount consideration while deciding the issue even under Article 226 of the Constitution.