MEENAKSHI CHATURVEDI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has approached this Court seeking issuance of a writ in the nature of Habeas Corpus so as to get her minor son Tanush Sharma aged about 7 years recovered who is alleged to be illegally detained by his grand parents i.e. respondents No.4 and 5.

(2.) Learned counsel for the petitioner has submitted that the grand parents cannot be said to have better rights than the petitioner qua the petitioner's son and since they are not handing over the custody of the child, such custody is essentially illegal and as such a writ in the nature of Habeas Corpus ought to be issued.

(3.) It is not in dispute that the marriage of the petitioner with Ravi Kant was solemnized in the year 2016. As per the petitioner she was thrown out of her matrimonial home in the year 2019 leading to the petitioner lodging FIR No.104, dtd. 20/8/2022, Police Station Women Police Station, District Rewari, under Ss. 328, 354-A, 354-C, 377, 498-A, 506, 509 IPC (Annexure P-3) against in-laws and husband apart from other FIRs.