SURESH KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition by Suresh Kumar Sharma under Article 226 of the Constitution of India for release of his son Gopu, who is said to be under illegal detention of his maternal grand -father Nawal Kishore Sharma.

(2.) THE Petitioner's marriage was solemnised on 21st February, 1985 with Usha Sharma, daughter of respondent No. 2 by Hindu rites. By this wedlock, a son Gopu was born on 19th November, 1985. It was on 7th July, 1987 that Smt. Usha Sharma died while she was at the residence of the petitioner. According to the petitioner, Smt. Usha Sharma had committed suicide. The petitioner states that in the year 1987, the respondent No. 2 took Gopu from him under an excuse that he and his maternal grand -mother will take care of the boy. Gopu is in custody of his maternal grand -father respondent No. 2, since then. The petitioner states that he had purchased National Saving Certificateslin the name of his wife and his own name of the amount of Rs. 25,000/ -and he also purchased one plot in his own name. He also states that he is having a comprehensive business of his own and owns' house and two shops at Jaipur where he is running his business. It is also stated that the child has attained the age of 5 years and he is due to start his study. The petitioner asserts that he is a natural guardian of Gopu and, therefore, respondent No. 2 be directed to produce Gopu in the Court and the custody of Gopu may be given to him

(3.) WE have Counsels the learned heard for the parties at length. It is in admitted fact that soon after the marriage Smt. Usha Sharma died within two years and five months of her marriage at the residence at the petitioner. The son Gopu was already left in the custody of respondent No. 2 before the death of Smt. Usha Sharma and since then the child is being brought up by the maternal grand -father. There is nothing to show that the child Gopu is not being properly brought up or cared by his maternal grand -father.