RAYEES AHMAD Vs. SURAIYA

JUDGEMENT

(1.) THIS is a Habeas Corpus petition under Article 226 of the Constitution of India filed by four minors ; the first three petitioners, namely, Rayees Ahmad, Anis Ahmad and Saleem Ahmad, are minors, aged 15, 13 and 11 1/2 years respectively, and petitioner no. 4, Km. Nargis, is also a minor, aged 10 years. The ages of the petitioners when they filed the petition in the year 1984, were 13, 11, 9 1/2 and 8 years respectively. Petitioner nos. 1 to 3 have filed the petition through their natural paternal grand father Abdul Zaheer while petitioner no. 4, who is a minor girl, has filed the petition through Smt. Bayiyan, her paternal grand-mother.

(2.) NOTICES of this petition were issued to the mother Smt. Suraiya, respondent no. 1, aswell as respondent nos. 2 to 4 of this petition. Respondent no. 2 is the brother of the mother of the petitioners. Respondent nos. 3 and 4 are the father and mother respectively of the mother of the petitioners, namely, they are the maternal grand parents of the petitioners.

(3.) SINCE no counter affidavit has been filed nor any body has appeared to contest this petition, the allegations made in this petition have gone uncontroverted. It is not disputed that Smt. Suraiya Begum has re-married. The maternal grandparents of the petitioners are not supplying proper fooding, lodging and clothing to the petitioners. In the circumstances, it has to be considered as to what is the proper order to be . passed in order to protect the rights of the petitioners.