MASTER ARJUN Vs. SHIVANI CHANDRA

JUDGEMENT

(1.) RAKESH Sharma, J. This is a father's habeas corpus petition, seeking production of detenu, his child, Master Arjun petitioner who is being detained by his mother Smt. Shivani Chandra, Sri Prashant Chandra and Smt. Shivani Chandra, got married on 15-2-2002 and thereafter Master Arjun was born out of their wedlock.

(2.) IT emerges from record that due to some differences between the parties, Smt. Shivani Chandra is now living with her parents. Both the parties have raised personal allegations against each other in the petition and counter-affidavit indicating reasons for not living together. However, the dispute was raised before a Competent Court who is dealing with the application moved by the husband under Section 9 of the Hindu Marriage Act.

(3.) IT has been alleged that Sri Prashant Chandra remains occupied in frequent tours and his job, service is transferable. Admittedly, his parents are suffering from cancer who may not be able to look after the child in the absence of Sri Prashant Chandra, father.