SAKSHAM PATHAK (MINOR) Vs. VISHAL DUBEY

JUDGEMENT

(1.) Heard Shri Dilip Kumar, learned Senior Counsel assisted by Sri Rizwan Ahmad, learned counsels for the petitioner and Shri Anil Kumar Srivastava, learned Senior Counsel assisted by Shri Rahul Shukla, learned counsels for the respondents.

(2.) The instant petition has been filed for custody of the corpus (Saksham Pathak) through Amit Kumar Pathak (father) A-1. The corpus is in the custody of the respondents.

(3.) The facts giving rise to the instant petition filed for writ of habeas corpus is that A-1 is the only natural and legal guardian of the corpus aged about four years. A-1 is in the employment of Central Reserve Police Force CRPF; he came to be married to Archana, daughter of Sri Vinod Dubey, on 31 January 2013. After marriage, wife of A-1 started living at the matrimonial house at village Merhi Dudhi, Tehsil, Bharthana, district Etawah. A-1, at intervals, used to visit his native village on leave being sanctioned by the CRPF. From the wedlock, corpus was born on 02 October 2016, at Etawah. In the process of delivery, Archana's physical condition became critical, she was shifted to Intensive Care Unit (I.C.U.), and was diagnosed of cardiac disorder by the attending doctors, she was advised to take treatment from a specialist. On 23/24 November 2016, Archana was brought by her brother (second respondent) to consult Heart Specialist at district Ujjain (Madhya Pradesh) at her home district. Thereafter, Archana was shifted for consultation and treatment to Rhythm Heart Institute, Vadodara, Gujarat, on 5 August 2017, by A-1 and her brother (second respondent). On improvement, Archana returned to her matrimonial home and continued treatment, however, on 11 October 2018, she succumbed to a massive heart stroke. At the relevant time, A-1 was posted at Meerut and was taking training for United Nation Mission, being a regular constable of 217 Battalion, Chhattisgarh. A-1 participated in the funeral of Archana at his native village. Archana's mother, brother and two sisters i.e. second to fifth respondents participated in the funeral.