RESHU @ NITYA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri M.D.Mishra along with Sri Ramanuj Yadav, learned counsel for the petitioners, Sri Vinod Kant, learned Additional Advocate General, appearing along with Ms. Sushma Soni, learned Additional Government Advocate for the State respondents and Sri Anoop Trivedi, learned Senior Counsel assisted by Sri Ankur Verma, learned counsel for respondent no. 4.

(2.) The present habeas corpus petition was initially filed by the paternal grand-parents, arrayed as petitioner nos. 2 and 3, seeking custody of the petitioner no. 1, corpus, a minor child stated to be of age about 19 months at that point of time, who was said to be with the respondent no. 4, her maternal grand-father.

(3.) The pleadings in the petition are indicative of the fact that the petitioner no.1, corpus, was born on 04.06.2018 from the wedlock of the son of the petitioner nos. 3 and 4 and the daughter of respondent no. 4. It is stated that the mother of the petitioner no. 1 was seriously ill, thereafter she along with the petitioner no. 1 went away along with the respondent no. 4 for medical treatment and subsequently she died on 31.07.2019 due to acute cardiac respiratory arrest and after her death the petitioner no. 1 is in the custody of respondent no. 4. It is contended that despite requests, the respondent no. 4 is not handing over the custody of the petitioner no. 1 to the petitioner nos. 2 and 3 and that the same amounts to illegal detention.