SARBATI Vs. PHOOLWATI

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India has been filed by Smt. Sarbati widow of late Shri Kuldeep Singh, resident of Villae Badhawar, Tehsil and District Hisar for issuance of a writ in the nature of habeas corpus directing respondent-Smt. Phoolwati to release minor children, namely, Ashish Kumar and Ms. Pooja, from her illegal custody.

(2.) THE petitioner has averred that she is the mother and natural guardian of the aforesaid minor children. Her husband-Kuldeep Singh and father of the children, who was the only son of his parents, died during the life time of his father-Dariya Singh. He had six sisters and all of them are married and are settled at various places. After the death of Kuldeep Singh, Dariya Singh, his father, executed a registered will dated 4.11.2004 bequeathing 5/6th share of his property in favour of grand-son, Ashish Kumar, and 1/6th share in favour of the petitioner. The daughters of Dariya Singh were specifically excluded from the inheritance. Dariya Singh also expired after some time of the death of Kuldeep Singh.

(3.) IT has further been averred that a civil suit for declaration was filed on 19.9.2005 by the sisters-in-law of the petitioner challenging the aforesaid will. However, the same is said to have been acted upon and necessary mutation in favour of Ashish Kumar has been entered by the revenue authorities.