GYANMATI KUSHWAHA Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition for a writ of habeas corpus has been instituted by the first petitioner, Gyanmati Kushwaha, asking that her minor daughter, Drisha Kushwaha, aged about two years, be ordered to be produced before this Court from the custody of respondent no. 5, Kamal Kushwaha, and emancipated therefrom in the manner that she be entrusted into the care and custody of the first petitioner, her mother.

(2.) Pending admission, by an order dated 12.02.2020, Suresh Kushwaha was ordered to be impleaded as respondent no. 6, inasmuch as it transpired from an order passed by the City Magistrate dated 20.11.2019 that the minor, Drisha, petitioner no. 2 was in the former's custody, who is Drisha's grandfather (paternal). He was, accordingly, impleaded as respondent no. 6.

(3.) This petition was admitted to hearing vide order dated 24.09.2020, and a rule nisi was issued, ordering Drisha Kushwaha, the minor, to be produced on 08.10.2020. On the date of return, a counter affidavit was filed on behalf of respondent no. 6, to which a rejoinder affidavit was filed too, in Court. On that day, Drisha's mother, Gyanmati Kushwaha, the first petitioner, her grandfather Suresh Kushwaha, the sixth respondent, and her father's maternal uncle Kamal Kushwaha, the fifth respondent were present. The matter was heard at length. The hearing was adjourned to 15.10.2020. It was further heard on 15.10.2020, with Smt. Gyanmati Kushwaha and Suresh Kushwaha being in attendance. On the said date, judgment was reserved, with a direction that Gyanmati Kushwaha and Suresh Kushwaha will appear on the date fixed for delivery of judgment, to be intimated by the Registry.