PUJA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of both the learned counsel for the parties.

(2.) This is mother's petition seeking writ of habeas corpus alleging that respondent No.2 i.e. her husband (father of child) has forcibly taken away a minor female child aged 15 months from her custody. It is contended that the child is milk sucking who has wrongfully detained by the father. The petitioner has also expressed that there may be life threat to the minor and thus, she seeks intervention of this Court.

(3.) On the other hand, learned counsel appearing for respondent No.2 (father) has denied the allegations about taking forceful custody of the child. He would submit that the petitioner along with child girl were living with him, but she herself by abandoning the child, left the place and started to reside with her parents. Therefore, his custody of child cannot be termed as an illegal detention.