AISHA Vs. STATE OF U. P.

JUDGEMENT

(1.) This petition asks for the issue of a writ of habeas corpus ordering respondent nos. 2,3 and 4 to produce the detenue-petitioner no. 1, Aisha before the Court and to set her at liberty by giving her into the custody of the second petitioner, Abdul Azeem @ Mohd. Azeem, her father and natural guardian.

(2.) It must be remarked here that respondent nos. 2 and 3 are police officers who are not claimed to be holding the minor in their custody. The relief is, therefore, substantially sought against respondent no. 4, Smt. Umme Alisha d/o Abid Hussain, who is Abdul Azeem's estranged wife and the minor's mother. The 5th respondent, Abid Hussain is Smt. Umme Alisha's father, Abdul Azeem's father-in-law and the minor's grandfather (maternal). In substance, thus, a writ is prayed to be issued against the minor's mother at the instance of her father who claims the mother's custody to be unlawful.

(3.) Heard Sri Alok Kumar Srivastava, learned counsel for the petitioner, Sri Adil Jamal who appears for respondent nos. 4 and 5 and Sri Gyan Prakash, learned State Law Officer appearing on behalf of the State-respondents.