UJAIF Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Brijesh Kumar Mishra, learned counsel for the petitioners, Sri Vinod Kant, learned Additional Advocate General alongwith Sri Arvind Kumar, learned Additional Government Advocate appearing for the State - respondents and Sri Lihazur Rahman Khan appearing alongwith Sri Araf Khan, learned counsel for the respondent no.4.

(2.) The present petition for a writ of habeas corpus has been filed with the following prayers:-

(3.) The petitioner no.3 claims to be the father and natural guardian of the petitioner nos.1 and 2 (aged about six years and two years respectively). It is contended that the wife of the petitioner no.3 expired on 27.05.2020 and thereafter, the petitioner nos.1 and 2 were taken away by the respondent no.4 (father of the deceased wife). Counsel for the petitioners contends that the custody of the petitioner nos.1 and 2 with the respondent no.4 is illegal and that the custody of the aforesaid petitioner nos.1 and 2 be handed over to the petitioner no.3.