AMAL IRFA Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner, who is aged about 2 years and 3 months has preferred this habeas corpus writ petition under Article 226 of the Constitution of Indian through her mother Savista Anjum (hereinafter referred as the mother) for the following prayers:

(2.) THE facts giving rise to the controversy involved in the writ petition briefly stated are that Smt. Savista Anjum, (the mother) through whom this habeas corpus writ petition has been moved, was married to Mohd. Irfan (Respondnet No. 3) on 2.12.2010. Out of their wedlock Amal Irfa (corpus) is born, who is now 2 years and about 3 months. Unfortunately, their marriage wrecked on the bedrock of strained relations. The respondent No. 3 by proclamation thrice as 'Talak', 'Talak, 'Talak' divorced his wife (the mother). It is alleged that the respondent No. 3 with his aides came at the house of the parents of the mother, where she was staying and forcibly obtained her signatures on a fabricated 'Talaknama' and had snatched the petitioner from her mother. The mother made vain attempt to lodge F.I.R. and being unsuccessful moved an application under Section 156 (3) Cr.P.C. before the Magistrate concerned which is yet pending. The petitioner is an infant and is in the need, care and protection of her mother as the mother is the best qualified to cherish a child during infancy. The mother moved this petition for reliefs mentioned as above.

(3.) THIS Court vide order dated 27.2.2014 issued notice upon the respondent No. 3 directing him to file his counter affidavit and also to produce the petitioner, Amal Irfa before this Court on the next date of listing. The respondent No. 3 appeared and produced the petitioner (corpus) before this Court. Sri Irshad Ahmad and Sri Sheikh Moazzam Inam, Advocates have already filed their power for the Respondent No. 3 on 22.4.2014, however, no counter affidavit has been filed.