GUNGUN SEN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This writ petition in the nature of habeas corpus has been filed for the custody of two minor children aged about three and half years and one and half year.

(2.) Petitioner is the mother of children, whereas respondent No.4 is the husband of petitioner, respondent No.5 is the mother-in-law of petitioner, and respondent No.6 is the Nanad (sister of respondent No.4) of petitioner. Because of strained relationships, the petitioner is residing separately from respondents No.4 to 6. It is her contention that respondents No.4 to 6 are having the custody of her children, whereas they are minor aged about three and half years and one and half year and the welfare of children is with their mother.

(3.) Per contra, it is submitted by counsel for respondents No.4 to 6 that petitioner had separated from respondents No.4 to 6 about one and half year back. During this period, she did not lodge any report of cruelty; she did not file any petition under Sec. 9 of Hindu Marriage Act, which clearly shows that the welfare of children is not with the mother, but the welfare of children is with their father, grandmother, and their Bua. It is further submitted by counsel for respondents No.4 to 6 that petitioner is living in adultery. To substantiate their contention, respondents No.4 to 6 have filed a photograph that appears to be a screenshot in which one girl is visible with her hand in the hand of somebody else. The identification of the person who is holding hand of that girl is not known. What is the relationship of girl with that person is also not known, but by relying upon the said screenshot, respondents No.4 to 6 are claiming that petitioner is living in adultery.