MASTER MANAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Bhishm Pal Singh, learned counsel for the petitioner, Sri Abhay Nitin Singh, learned counsel for the respondent nos. 6 to 9 and Sri Vinod Kant, learned Additional Advocate General, alongwith Sri Pankaj Saxena, learned A.G.A.-I for the State respondents.

(2.) Pursuant to the directions issued earlier, the corpus (minor child) of age about seven and a half years, has been brought in Court by the respondent no. 6, who is stated to be his father, and has been identified by the counsel for the said respondent.

(3.) The basic facts which are undisputed are that the mother of the corpus is living separately from her husband (respondent no. 6) since the year, 2017. It has been pointed out that on 22.8.2019 the corpus (minor child) was taken away by the respondent no. 6 (father) to Ajmer, and that he is living with his father since then under his care and custody. A mutual agreement on a notarial affidavit is stated to have been entered into between the parents of the minor child on 02.09.2019. Amongst the various conditions which were agreed upon between the parties, one was with regard to the minor child having been handed over to the mother with a further stipulation that he would remain with the mother, subject to certain conditions.