PRATIBHA MANOJ KUMAR MISHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate Mr. Manoj Popat is for the petitioner, learned advocate Mr. Mukesh Patel appears on behalf of respondent no.2-husband and learned Additional Public Prosecutor Mr. Bhargav Pandya appears for respondent no.1 State.

(2.) It was for the production and custody of 4 years old girl child named Revya that the petitioner mother filed this habeas corpus petition. The petition was based on the contention that respondent no.2 father- husband of the petitioner retained the custody of the child illegally and that the petitioner mother was entitled to have the child in her custody.

(3.) The case of the petitioner has been that she got married with respondent no.2 in Uttar Pradesh. The baby child was born out of the wedlock in June 2018. It was alleged that the petitioner wife was thereafter subjected to harassment and that even the girl child was threatened to be killed by the husband and the in-laws. It was stated by the petitioner that they had been harassing them and ill-treating them as they wanted a male child. Eventually, the petitioner escaped from the matrimonial house.