ARIF AHMAD Vs. IRSHAD AHMAD

JUDGEMENT

(1.) SMT. Afrin Bano has filed the present petition under Article 226 of the Constitution for a writ of Habeas Corpus commanding the respondents to produce the petitionerArif Ahmad, her minor male child and to direct them to handover his custody to her.

(2.) BRIEFLY stated, the facts of the case are that Smt. Afrin Bano was married to Irshad Ahmadrespondent No. 1 in November, 1991. Out of the wedlock, a male child, namely, Arif Ahmad, the petitioner was delivered. Respondent Nos. 2 and 3 are the father-in-law and mother-in-law of Smt. Afrin Bano. It is alleged that Irshad Ahmadrespondent No. 1, husband of Smt. Afrin Bano fell seriously ill. He along with his wife and the minor male child came to live for treatment at the house of his father-in-law, Zamil Uddin. On 27.4.1996, Irshad Ahmad escaped from the house after committing theft and also kidnapped the minor child. A report was lodged by Zamil Uddin. Notices were sent to Irshad Ahmad to give the minor male child in the custody of Smt. Afrin Bano. Respondent No. 1 is presently residing at Delhi while the respondent Nos. 2 and 3, father-in-law and mother-in-law of Smt. Afrin Bano have shifted to Satna (Madhya Pradesh).

(3.) HEARD Sri N. D. Kesari, learned counsel for the applicant and Sri Kamal Krishna, learned counsel for the respondents. Learned A. G. A. has also been heard.