ROSHINI CHOUBEY Vs. SUBODH GAUTAM

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner for issuance of a writ in the nature of Habeas Corpus under Article 226 of the Constitution of India seeking custody of a minor child aged about four years, namely Master Samarth.

(2.) The facts of the case reveal that the marriage of the petitioner with respondent No.1 who is a Police Officer took place on 24-02-2014 and they were blessed with a male child on 25-02-2015. The marriage finally ended up with a divorce and a decree of divorce by mutual consent by taking into account Section 13-B of the Hindu Marriage Act, 1955 was passed on 10-07-2017. The respondent No.1 got re-married on 20-02-2018 and from the second wife he is again blessed with a child. He is a Police Officer from the State of Uttar Pradesh, presently posted at Kalpi, District Jaloun, Uttar Pradesh. The petitioner came up before this court by stating that her minor child who is about four years was taken away forcibly by the respondent No.1 in the month of October, 2018 when the child was at Katni and the petitioner, who is the natural guardian of the child, who is residing at Indore was left with no other choice except to file this present petition.

(3.) This court by an order dated 19-02-2019 has directed the Sr. Superintendent of Police, Indore to keep the corpus present and the Director General of Police, Uttar Pradesh was also directed to extent all possible corporation to the officer, who is deputed to produce the corpus. The child is very much present before this court and the child has been permitted to stay with the mother for some time.