MURARI LAL SHARMA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioners in this WP under Art.226 of the Constitution of India dated April 26, 2013 are seeking the following principal relief: -

(2.) THE petitioners had a son called Sandip. The fourth respondent Sunita was married to Sandip. Out of the wedlock a female child and a male child were born. Sandip died on October 6, 2010. In September, 2011 Sunita left the matrimonial home with her children. Then she married the fifth respondent Gangeswar on June 21, 2012.

(3.) THE case of the petitioners is this. Sunita has given custody of her daughter to the sixth respondent. Her son is in the custody of the eighth and ninth respondents. Since Sunita's daughter and son are in the illegal custody of these respondents, a habeas corpus should be issued directing production of the children so that considering the question of their welfare that is of paramount interest, they (the petitioners) can be given custody of the children.