TRIBHUWAN TIWARI Vs. SHIV KUMAR TIWARI

JUDGEMENT

(1.) The present habeas corpus petition has been filed on behalf of minor Tribhuwan Tiwari aged about 8 years through his mother Smt. Vidyawati w/o Ram Bali Tiwari, praying for a direction to the opposite parties, Sri Shiv Kumar Tiwari and Sri Ram Bali Tiwari to handover the boy from their custody to the custody of the mother, Smt. Vidyawati.

(2.) Smt. Vidyawati was legally wedded to the opposite party No. 2 Sri Ram Bali Tiwari according to the Hindu rites and customs and were living together as husband and wife at the residence of opposite party No. 2. The case of Smt. Vidyawati is that she conceived and produced a son about 8 years back out of her marital relations with Sri Ram Bali Tiwari, opposite party No. 2. Opposite party No. 2 Sri Ram Bali Tiwari had illicit connection with a girl of a nearby village, as such, he was ill-treating the petitioner. About three years back, when the father of Smt. Vidyawati went to enquire about ill-treatment of Smt. Vidyawati, she was beaten and forcibly evicted from the house, consequently she had to go back with her father along with her son, namely, Tribhuwan Tiwari, and is living with her father at her father's house. On 3-1-92 she filed an application in the Court of Munsif, Deoria under Section 125 of Cr. P. C. in which both Smt. Vidyawati and Tribhuwan Tiwari were made applicants and present opposite parties, namely, Sri Ram Bali Tiwari, the husband of Smt. Vidyawati and Sri Shiv Kumar Tiwari, father of Sri Ram Bali Tiwari were arrayed as respondents. She prayed in the aforesaid application that the respondents be directed to pay Rs. 500.00 per month as maintenance allowance for the maintenance of the applicants. The aforesaid application was contested by her husband Sri Ram Bali Tiwari and father of Sri Ram Bali Tiwari, namely, Sri Shiv Kumar Tiwari. In the written statement in reply to the aforesaid application the respondents pleaded that it is wrong to allege that Tribhuwan Tiwari has born out of the sexual relationship between Sri Ram Bali Tiwari and Smt. Vidyawati but the fact is that Tribhuwan Tiwari has born out of illegitimate relationship of Smt. Vidyawati, his wife with his elder brother Sri Ram Sakal and Smt. Vidyawati and Sri Ram Sakal continued to have illegitimate sexual relationship and Sri Ram Sakal is maintaining Smt. Vidyawati.

(3.) She also disclosed in her habeas corpus petition that Sri Ram Bali Tiwari has also filed a divorce suit in the court of Civil Judge, Deoria, wherein Smt. Vidyawati and Sri Ram Sakal have been arrayed as respondents. In the aforesaid divorce suit also Sri Ram Bali Tiwari has repeated the same story which he has alleged in defence of Section 125, Cr. P.C. application moved by Smt. Vidyawati. Again it has been alleged in the divorce suit that Tribhuwan Tiwari is not his son and has been born out of the illegitimate sexual relationship between Sri Ram Sakal and Smt. Vidyawati. Smt. Vidyawati in her habeas corpus petition has alleged that minor Tribuwan Tiwari is being wrongfully and illegally detained by his grand father, Sri Shiv Kumar Tiwari, who has no right to keep the custody of Tribhuwan Tiwari. As such, she is entitled for release of the child in her favour.