(1.) Mrs. Chamle Parvathi Dilip, the petitioner, has filed the present Habeas Corpus Writ Petition, inter alia, on the ground that her child, Sandeep, is in the illegal custody of the respondent Nos.7, 8, 9 and 10.
(2.) Briefly, the facts of the case are that the petitioner was living with her husband and a daughter in Anandwadi Village, Latur District, Maharashtra. While she was five months' pregnant, she lost her husband. On 29.04.2019, while she was eight months' pregnant, she was travelling with her daughter from Anandwadi Village, Latur District, Maharashtra to Biloli Village, Nizamabad District, Telangana. Suddenly, she started feeling unwell, and she noticed bleeding due to some complications in her pregnancy. Therefore, on the advice of the co-passengers, she was taken to Sri Sai Prasanna Nursing Home in Bodhan, NIzamabad District. Dr. M.Prasanna Kumari, the Doctor at the Hospital, told her she had to be admitted immediately. Despite the fact that the pregnancy had not completed its full term, the child had to be delivered through C-Section surgery. As such, the petitioner was admitted in the hospital on 29.04.2019. On 02.05.2019, she delivered a male child at 1:20 PM.
(3.) Since the child was a pre-mature baby, he weighed only 2 kgs. The child was suffering from high jaundice, as his serum bilirubin content of the body was 9.8 Mgs%. The Doctor at the Nursing Home informed the petitioner that since they were only running a Nursing Home, the child needed to be taken to a Hospital. Therefore, they decided to shift the child either to Niloufer Hospital or Gandhi Hospital at Hyderabad. Since neither the petitioner, nor her daughter could leave the Hospital, the Doctor suggested that a senior aaya-amma (Mid-wife) from the clinic, Shainaz Begum, is competent to take the child to Niloufer Hospital, Hyderabad. Upon the advice of the Doctor, the petitioner handed over the custody of the child to Shainaz Begum, in order to take the child to the Niloufer Hosptial for being admitted there for the high jaundice that the child was suffering from.