MASTER ADVAIT SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Master Advait Sharma, a child of three years and a half, occupies the centre stage of controversy, that is the subject matter of this Habeas Corpus Writ Petition. It about the child's custody that his parents are entangled in a bitter battle. The child's misfortune, circumstanced as he is, is the fallout of an estrangement of his parents, who do not seem to have got along in matrimony. This has all happened in circumstances hereinafter detailed.

(2.) Advait's parents, Preeti Rai and Prashant Sharma, were married on November the 28th, 2013. Preeti Rai is an I.T. Engineer, employed with a Multinational Corporation. Prashant Sharma is a Sales Manager with a business house. He is currently serving as an Area Manager with Tropicana Juices, a company based at Ghaziabad. Advait was born of the wedlock of Preeti Rai and Prashant Sharma on 05.07.2017. Smt. Sharda Sharma and Chandra Kishore Sharma, who figure in the array of parties to this Habeas Corpus Writ Petition, are Prashant's mother and father, and Advait's grandparents. There is trading of allegations by the spouses, that carry varying versions to suit each about their case, why they fell apart. But, that does not matter, so far as the present proceedings are concerned. This petition has been brought by Preeti Rai, on behalf of Advait, saying that her minor son is in the unlawful custody of his father and grandparents, wherefrom he ought to be relieved and delivered to her.

(3.) Preeti Rai was earlier posted in the N.C.R., but she says that she was thrown out of her matrimonial home on 20.04.2019, over issues relating to dowry. She then sought a transfer to Bengaluru, with the intention to stay close to her son, because Advait's grandparents would often take him away to their daughter's place in Bengaluru. However, within a few days of Preeti's arrival in Bengaluru, Advait was relocated to Delhi.