VAIBHAVI SHARMA Vs. STATE OF U. P.

JUDGEMENT

(1.) Akhilesh Sharma, the second petitioner says that his minor daughter, Km. Vaibhavi Sharma is in the unlawful detention of Surya Kant Sharma, the minor's grandfather (maternal) and the fourth respondent to this petition. Akhilesh Sharma wants this Court to issue a writ, order or direction in the nature of habeas corpus to liberate his minor daughter, Km. Vaibhavi Sharma from unlawful custody of the fourth respondent and to entrust the minor's custody to him.

(2.) A rule nisi was issued in this case on 05.10.2020, ordering the minor to be produced before this Court on 08.10.2020. The minor was produced. At the hearing of the rule, besides the minor, Km. Vaibhavi Sharma, who was produced by the police, the minor's father, Akhilesh Sharma and her grandfather, Surya Kant Sharma, were also present. This Court individually ascertained the stand of each of these parties, including the minor. This Court, particularly, inquired of the minor, her choice and comfort in the matter of custody. The Court also spoke to the minor's father and her grandfather (maternal), not only to ascertain their stand, but to gain acquaintance with so much of their affairs as would materially bear on the minor's welfare.

(3.) This cause has arisen in the backdrop of facts that Akhilesh Sharma, the second petitioner and Smt. Priyanka Sharma were married according to the Hindu rites at Bulandshahr on 16.02.2004. The late Smt. Priyanka Sharma was Surya Kant Sharma's daughter. Akhilesh Sharma and Smt. Priyanka Sharma lived together in their matrimonial home. Two children, a son, Vaibhav and Km. Vaibhavi Sharma, a daughter were born of the wedlock of parties. Vaibhav Sharma was born on 24.07.2006, whereas Km. Vaibhavi Sharma (the detenue) was born on 05.11.2013. As misfortune would have it, Smt. Priyanka Sharma met with an accident by fire while cooking on 11.07.2014. Akhilesh Sharma is said to have done his best to save his wife, but in vain. Akhilesh Sharma too, sustained serious burn injuries in the incident. Smt. Priyanka Sharma died of her injuries on 17.07.2014, during treatment at the Dr. Ram Manohar Lohia Hospital, New Delhi. Akhilesh Sharma was not prosecuted for any offence relating to his wife's accidental death, his innocence being known to the wife's family, including the fourth respondent. It appears that after Priyanka's death, the parties' minor children, Vaibhav and Km. Vaibhavi Sharma continued to live with their grandmother (paternal), Smt. Meena Sharma, who took good care of them. The son, Vaibhav is reading at the Heritage Academy, Modi Nagar, District Ghaziabad.