MASTER VAIBHAV SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned A.G.A. for the State and learned counsel for the respondent No.3.

(2.) Present writ petition under Article 226 of the Constitution of India has been filed for issuance of a writ in the nature of habeas corpus directing respondents to produce the petitioner Vaibhav Shukla before this Court, set him at liberty and allow him to go and live with his grandparents.

(3.) For adjudication of the controversy, it is necessary to narrate some facts in brief. From the pleadings on record, it transpires that the deponent Smt. Sushma Shukla who is the grandmother of the petitioner Vaibhav Shukla had two sons - Gaurav Shukla and Gagan Shukla. Ganga Shukla was married to Nisha Shukla, respondent No.3. The petitioner was born from the wedlock on 19.9.2014. It has been pleaded that late Gagan Shukla had earlier married with Shweta Shukla in the year 2002 and a daughter Nitya Shukla was born in the year 2005. As Gagan Shukla did not have good terms with the deponent, he along with opposite party No.3 was residing separately with the deponent.