DROPTI BAI Vs. GOPAL PRASAD

JUDGEMENT

(1.) THIS is a mother's petition for a writ of habeas corpus to secure the production and custody of her infant son from the alleged unlawful custody of the infant's father.

(2.) IT is not in controversy that respondent No. I Gopal Prasad and petitioner Dropti Bai are husband and wife and that 3 children were born of their union. The eldest child was Ashish Kumar, who is dead. The second child is named Satish Kumar, aged about 7 years. The youngest child is a daughter by name Sonam, whose age is not given in the petition, but was stated to be about 3 years in the course of arguments advanced before this Court. It is also not in controversy that petitioner Dropti Bai is living away from her husband, in her maternal house for the past some years. The daughter Sonam is also living with the mother.

(3.) THE case of the petitioner is that she was assulted and turned out of matrimonial home by her husband, respondent No. 1 Gopal Prasad, on 22/6/1981. The further case of the petitioner is that respondent No. 1 snatched the son Satish Kumar from the custody of the petitioner on 28. 2. 81 about which a report was made by the petitioner at Ghamapur Police Station on 1. 7. 81 vide Ex. P-2. It may be stated here that the date of alleged snatching is wrongly mentioned in the petition as 28. 2. 89, which makes no sense since it is also averred that the report complaining about the alleged snatching was made, as already stated, on 1. 7. 81. It is also the case of the petitioner that the elder son Ashish Kumar died in the custody of respondent No. 1 due to neurosis and brain fever for want of proper care and treatment. Respondent No. 1 is also not paying proper heed and attention for nourishment and feeding of son Satish Kumar. As such the life and future of Satish Kumar is in danger Respondent No. 1 is also keeping a concubine and for that reason also the treatment of respondent No. 1 with his son Satish Kumar is cruel. Satish Kumar is also ill and no proper treatment is being provided to him by respondent No. 1. There is imminent danger to his life. In these circumstances, it is prayed in the petition that custody of the infant son Satish Kumar may be directed to be given to the petitioner-mother.