SYEDA SANJEERA KOUSAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner has filed the present Habeas Corpus petition, inter alia, on the ground that her 19 months son, Md. Mufeezuddin, is being illegally detained by his grandparents, respondents 6 and 7.

(2.) The brief facts of the case are that the petitioner and Md. Mohizuddin, respondent No.5, were married. During the wedlock, they were blessed with a son, Md. Mufeezuddin. The child was born at Riyadh, Saudi Arabia. Subsequently, the mother and the child came back to India. Although initially the child was in the custody of the petitioner, but thereafter, the child was taken by respondents 6 and 7. The respondent No.5 filed a guardianship petition, namely, G.O.P.No.593 of 2018 before the I Additional District Judge, Warangal, under Section 25 of the Guardians and Wards Act, 1890, to declare him as the guardian of the minor child. However, by order dated 23.09.2019, the learned trial Court dismissed the said petition, inter alia, on the ground that since the petitioner was not residing in India, but was residing in Riyadh, Saudi Arabia, he cannot be declared as the guardian of the minor child. However, even presently, the custody of the child continues to be with respondents 6 and 7, who are the grandparents of the minor child. Hence, the present Habeas Corpus petition before this Court.

(3.) Ms. S. Nanda, learned counsel for the petitioner, submits that since respondent No.5, the father, continues to be residing in Riyadh, since the petitioner happens to be the natural mother of the minor child, the custody of the child should be restored to her. Secondly, that, by order dated 23.09.2019, the petition filed by the father has already been dismissed. Therefore, the custody of the child with the grandparents is patently illegal.