USHA DEVI Vs. KAILASH NARAIN DIXIT

JUDGEMENT

(1.) THIS is a petition by the two petitioners Shrimati Usha Devi Dixit and raviprakash Dixit, mother and father respectively, for a writ of habeas corpus directing the respondents to produce their son Manish Dixit alias Babloo aged about 41/2 years and for his custody to them.

(2.) THE petitioners' case is this: They were married according to Hindu rites at kanpur on 3-7-1971. Out of their wedlock, Manish Dixit was born on 17-6-1972 equivalent Citation: and was living with the petitioners. Respondents 1 and 2 are the father and uncle of petitioner No. 2 who is living separate from them since 1967. The petitioners are living with Reva-shanker Dixit at Sehora since 20-6-1967. On 811- 1976, at 8. 30 p. m. , the respondents, armed with lathis, entered inside the house of the petitioners and forcibly took away their son Manish Dixit alias babloo in spite of their protests and against their wishes. Since then, their minor son is living with the respondents. The petitioners approached the police and the Sub-Divisional Magistrate, but to no effect. The petitioners are the legal and natural guardians of the minor son and his welfare would be adversely affected if he is allowed to remain with the respondents. The child, being of tender age, if allowed to remain with the respondents for a long time, is likely to suffer physically as well as mentally.

(3.) THIS application was supported by an affidavit of petitioner No. 1 as also by annexure 'a', report to the police lodged by Revashanker Dixit, uncle of petitioner No. 2, and Annexure 'b', notice sent to the respondents 1 and 2. Hence this petition for issue of writ of habeas corpus with the prayers for: (i) production of the child illegally and improperly detained, before this Court; and (ii) custody of the child to the petitioners.