ADITYA GAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition in the nature of Habeas Corpus has been filed under Article 226 of the Constitution of India, for release of Udayvir Gaur son of the petitioner from the illegal custody of respondent Nos. 2 and 3. The brief facts of the case emerging from the pleadings of the parties are that from the wedlock of the petitioner and his wife Udichi Kanwar Sharma, (since deceased), a male child, namely Udayvir Gaur was born on 18.9.2010. She breathed her last on 19.9.2010. On the complaint filed by the father of the deceased Udichi, an FIR under Sections 406, 498A, 34 IPC was lodged. Since the death of his mother, the child is with the maternal grand parents.

(2.) Heard.

(3.) The petitioner has already filed a petition under Section 25 of the Guardian and Wards Act, read with Sections 8 and 12 of the Hindu Minority and Guardianship Act, for the custody of the child before the District Judge, Kurukshetra, which is pending adjudication. The petitioner has already been granted visitation rights on the application moved by him.