NIDHI TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) IN this Habeas Corpus petition, the petitioner has prayed for production of corpus of Piyush Tiwari, her son who is in custody of the fifth respondent herein.

(2.) THE facts as have been exposited are that marriage between the petitioner and the respondent no. 5 was solemnized on 08. 12. 01. In the wedlock, a daughter and a son were born. It is alleged that due to ill treatment by the fifth respondent, the petitioner was compelled to live separately and file an application for grant of maintenance to her and two children. The respondent no. 5 was paying maintenance of Rs. 1200/- to them. On one occasion, the husband respondent came to the house of the petitioner and took away the child, Piyush, from her custody. She lodged a complaint on 27. 6. 08 at Police Station Kotwali but no action was taken. Thereafter, she moved an application before the mahila Thana, Sagar on 12. 12. 08 and sought appropriate action to be taken for bringing back her son. Despite the same, the police authorities have not taken any action. It is contended that respondent no. 5 has illegally detained the minor child and she has a legal right to guardianship and hence the respondent no. 5 should be directed to produce the child before this Court and a direction should be issued for child to be handed over to her.

(3.) WE have heard Mr. S. D. Mishra, learned counsel for the petitioner and Mr. Deepak Awasthy, learned counsel for respondents no. 1 to 4.