POONAMBEN HASMUKHBHAI BRAMBHATT Vs. VARUN GAURANGBHAI PATEL

JUDGEMENT

(1.) Present petition is preferred under Article 226 of the Constitution ofIndia seeking issuance of the writ of habeas corpus for production of the corpus minor son Raghav and handing over his legal and lawful custody to the petitioner mother in the following factual background. 1.1. The petitioner's marriage with the respondent No.1 had been solemnized on 25/2/2012 at Ahmedabad as per the Hindu Rites and Rituals. His son Raghav was born out of the said wedlock on 17/12/2014. The disputes and the differences between the spouses had led to the decree of divorce passed in a Family Suit No.140 of 2020, this was consent decree under Sec. 13 (B) of the Hindu Marriage Act, 1955. Parties mutually agreed to handover the custody of the child to the petitioner, who is an educated mother having qualification of MBA in Finance and the father also agreed to the amount of maintenance and education expenses for the child. The judgment and decree of dissolution of the Family Court is dtd. 26/8/2020. The petitioner and minor son started residing separately from 26/11/2016, when the child was barely two years of age. The decree of dissolution of marriage came on 26/8/2020 where the son was merely two years of age.

(2.) Prayers sought for in this petition are as follow:

(3.) This Court at the time of issuance of notice directed the police authority to produce the corpus before this Court through the video conference from the District and Sessions Court, Ahmedabad. On 15/6/2021, it was also noted that the custody of the corpus is with the respondent No.1 and understanding had been arrived at between the parties for an interim arrangements and the presence of the corpus was dispensed with. With the further direction, the respondent No.1 was to produce the corpus as and when required. The Co-ordinate Bench also chose to meet the corpus and once again the child was called for meeting on 8/10/2021 as per the order dtd. 1/10/2021.