GAURANSH Vs. STATE OF U.P.

JUDGEMENT

(1.) This habeas corpus writ petition has been filed by seeking following reliefs:

(2.) Heard learned counsel for the petitioners and learned A.G.A. for the State and perused the record.

(3.) It has been argued by the learned counsel for the petitioners that petitioner no.2 is father of petitioner no.1 Gauransh (minor)/corpus and that he is in the custody of respondent no.4, who is mother of the said corpus. The corpus is aged only about five years. There is matrimonial dispute between petitioner no.2 and his wife/respondent no.4 and the petitioner No. 2 is paying maintenance for the petitioner No.1 regularly. Learned counsel submitted that being father and natural guardian of minor child, he has a right for custody of his child and thus his custody be handed over to the petitioner No.2. It was submitted that the respondent No.4 is not even allowing petitioner No.2 to see and meet the child and alternatively it was also submitted that petitioner No.2 be permitted to meet his son/corpus twice in a month.