BABY AMAYRA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for petitioner, learned counsel for respondent no. 4 and learned A.G.A. for State.

(2.) This habeas corpus writ petition has been filed by the petitioner no. 2- Mother with the prayer directing the respondents to produce the corpus - petitioner no. 1 (minor daughter) aged about two and a half year and custody of the corpus be handed over to petitioner no. 2- Mother.

(3.) It is submitted by learned counsel for petitioner that the marriage of petitioner no. 2 and respondent no. 4 has been solemnized on 24/10/2019 and out of the their wedlock petitioner no. 1- Baby Amayra @ Inaya was born on 23/7/2020. Due to dowry and other marital disputes between petitioner no. 2 and respondent no. 4, petitioner no. 2 is living at her maternal house for last six months. Father of the petitioner no. 2 has spent about Rs.20.00 lac in dowry. The husband of petitioner no. 2 is living in Lucknow and petitioner no. 2 is living at her in-laws house in Deoria. Members of matrimonial family also complained about dowry and used to torture mentally and physically. On the request of mother-in-law, petitioner no. 2 went to her in-laws house with her daughter- petitioner no. 1. Birthday of the daughter was celebrated at her in-laws house. Respondent no. 4 has illegal relation with a woman in Lucknow. Members of matrimonial home assaulted her. Petitioner no. 2 is living with her daughter at her maternal home. In December, 2022 respondent no. 4 spoke to petitioner no. 2 over phone and said that both of us will stay together forgetting all the grievances. Petitioner no. 2 came under the influence of respondent no. 4 and went with her-in-laws house with husband and daughter. Next day respondent no. 4 snatched away the daughter and mobile phone of petitioner no. 2 and thrashed while hurling obscene abused and made him run away from the house threatening to kill her. The jewellery and mobile of petitioner no. 2 were also taken away. Petitioner no. 2 extremely worried for her daughter. Petitioner no. 1 is only two and a half year old. Vaccination of the child has also effected. Respondent no. 4 is an Advocate by profession residing and practicing in Lucknow. Besides the said facts various rulings has also been mentioned in the memo. The welfare of the corpus is safe in the hands of her mother- petitioner no. 2 and should be given in the custody of petitioner no. 2. Mother is the first school of child.