VIRAJ BHATI Vs. STATE OF U. P.

JUDGEMENT

(1.) Hear Sri Rajeev Kumar Singh, learned counsel for the petitioners, Sri O.P. Rai and Ashish Rai, learned counsel for the respondent no. 3 and learned A.G.A. for the state and perused the material on record.

(2.) Instant habeas corpus petition has been filed by the petitioner no. 2 Smt. Anu Kumari on behalf of the corpus Viraj Bhati (minor) as well as on her own behalf and has sought following relief in the petition:-

(3.) Learned counsel for the petitioners based his submissions on averments made in writ petition and submitted that petitioner no. 1 is minor son of petitioner no. 2, born out of wedlock of petitioner no. 2 and her husband Vivek Bhati. Their marriage was solemnized on 7/3/2014 with the consent of parties as well as with consent of their family members in accordance with Hindu rites and rituals. Petitioner no. 2 resided with her husband in a rented house at Krishna Nagar East, Delhi. Petitioner no. 2 is presently residing in District Bulandshahar along with her father. Birthday of the corpus was celebrated by petitioner no. 2 and respondent no. 3, however, the child is presently detained by respondent no. 3 in parental house of corpus. Father-in-law of the petitioner no. 2 namely Satpal Bhati was a leading Advocate at District Ghaziabad and husband of petitioner no. 2 Vivek Bhati and his younger brother Mr. Varun Bhati were also Advocates, however, father-in-law of petitioner no. 2 died untimely, thus entire family became shocked. Husband of petitioner no. 2 started consuming liquor frequently and this was opposed by petitioner no. 2. He also used to physically assault her and used to make demand of dowry as such she lodged an F.I.R. on 30/3/2021 against her husband and his family members under Ss. 498A, 323, 504, 506, 307 IPC and D.P. Act, which is registered as case crime no. 242 of 2021 at P.S. Kotwali Shahar, District Bulandshahar. Unfortunately husband of petitioner no. 2 died in a road accident on 9/4/2021. Petitioner no. 2 became widow due to death of her husband. She is graduate in commerce and started working as Sales Executive in a Company named as Ferns Petals to meet out household expenses and for the welfare of her small child. For enhancing her monthly income, petitioner no. 2 also started online sale of household goods by taking assistance of her retired father, who was in Army. Petitioner no. 2 is apprehending threat to her life from her mother-in-law. She also apprehends threat to life of her minor son, who is co- sharer of landed property of respondent no. 3 and her son Varun Bhati, who is an Advocate. Respondent no. 3 is infirm and old aged lady in whose custody corpus is presently lying due to death of her father-in-law and husband, and family outcome of her in-laws has deteriorated. It is further submitted that petitioner no. 2 is concerned about future and education of her minor son, who is illegally detained by respondent no. 3 and her son Varun Bhati as her son Varun bhati is an Advocate in Ghaziabad. She is fearful of approaching local Court for custody of minor child due to attitude of local lawyers in favour of her brother-in-law and son of respondent no. 3, therefore it is prayed that child may be directed to be produced before the Court and necessary order may be passed regarding transfer of custody of corpus in favour of petitioner no. 2, who is her natural guardian.