MOHA NAIDU Vs. AJAY GUPTA

JUDGEMENT

(1.) This writ petition is filed by the petitioner-mother seeking a Writ of habeas corpus for production and custody of two minor children Baby Neha and Baby Sikha - and for a declaration mat the detention of the children by the 1st respondent as illegal and arbitrary.

(2.) The facts that lead to the filing of this writ petition are that the petitioner married 1st respondent Ajay Gupta at Zorastrain Club, Secunderabad as per Hindu Customs and usage on 21-12-1986, that they lived together happily and given birth to two children Baby Neha and Baby Sikha - respectively on 11-2-1988 and 13-2-1989, that differences and misunderstanding arose between the wife and husband, that they filed a common petition in O.P.No.223 of 1995 under Section 13-B of the Hindu Marriage Act on the file of the learned Subordinate Judge, Rangareddy District and that the divorce was granted with the consent of both the petitioner and the 1st respondent on 13-6-1995 thereby they were judicially separated.

(3.) After the judicial separation, which was made with the consent of the parties, the petitioner married one Srikanth Naidu in the month of February, 1997. It is further stated that the two children were staying with their mother even a after her separation from the first respondent and continued to stay after the petitioner married Srikanth Naidu. The complaint of the petitioner is mat during the stay of the children with her, the 1st respondent with the help of the police has forcibly taken away the children and refused to send mem back to the petitioner. Therefore the petitioner filed the writ petition for production and custody of the two minor children.