JUDGMENT Hon’ble R.C. Deepak, J.—The petitioner Smt. Rachana Chaurasia wife of Karamveer Singh daughter of Param Lal resident of Mohalla Samad Nagar, Post Office Mahoba, Police Station Kotwali - Mahoba, District Mahoba has filed this Habeas Corpus Writ Petition against the respondents Karamveer Singh alias Raj son of Preetam Singh resident of Gandhi Nagar, near Private Bus Stand, Police Station Kotwali - Mahoba, District Mahoba and Smt. Poonam Singh wife of allegedly Karamveer Singh resident of aforesaid Gandhi Nagar with a prayer to issue a writ, order or direction in the nature of mandamus against them commanding and directing them to produce and hand over her minor daughter Km. Anjali before the Court, mainly on the grounds inter-alia, that the petitioner/Smt. Rachana Chaurasia and respondent No. 1/Karamveer Singh fell in love and got married, that the petitioner is the legally wedded wife of Karamveer Singh and a daughter named Anjali was born on 14-4-2002 of their wedlock, that Km. Anjali was in her lap and under her lawful guardianship, that respondent Karamveer Singh remarried Poonam Singh and thus he ruined the marital life of the petitioner, that he forcibly took away her daughter Km. Anjali from her lawful guardianship, that Karamveer Singh tortured the petitioner and turned her out from his house and since then the petitioner is living with her parents and in this regard she made several complaints to the authorities concerned. 2. The respondent Karamveer Singh filed counter-affidavit supported with certain documents disclosing therein that the petitioner Smt. Rachana Chaurasia belongs to backward community whereas the respondent Karamveer Singh is of Singh community. He never fell in love with petitioner nor he performed marriage and Km. Anjali was not born out of their wedlock. Thereafter, rejoinder affidavit was filed. Supplementary affidavits and counter-affidavits were also filed and these are on record. 3. The respondents named above put in their appearance through their learned Counsel and filed counter-affidavits, but they did not appear in person nor produced the victim Km. Anjali, as a consequence several orders were passed and directions were issued for their appearance in person to produce the victim, but they did not do so, as a consequence all coercive measures provided under law were initiated to enforce their appearance before the Court for the production of the victim. As a result, Smt. Poonam Singh was apprehended and she was kept in Nari Niketan. As a result, Smt. Poonam Singh was apprehended and she was kept in Nari Niketan. The detention of Smt. Poonam Singh forced Karamveer Singh to put in his appearance before the Court. Consequently, he appeared before the Court alongwith Km. Anjali and Smt. Parvati (mother of Karamveer Singh). Karamveer Singh was taken into custody and he was sent to jail and Km. Anjali was directed to be kept with Smt. Parvati. 4. The learned Counsel for the parties have advanced their arguments in support of their respective claims and they were provided opportunity to settle the matter amicably, but they submit that they could not do so and on their request the matter was adjourned to 21st May, 2007, i.e., today. 5. The matter is being taken up today. In compliance of order dated 18th May, 2007, Smt. Parvati alongwith Km. Anjali appeared before the Court. Respondent Karamveer Singh has been produced from jail. He is directed to be released forthwith. He has been released and has taken Km. Anjali in his lap. The petitioner Smt. Rachana Chaurasia and Smt. Poonam Singh are also present in the Court. 6. I have heard Sri Lihazur R. Khan, learned Counsel for the petitioner, S/Sri J.S. Kashyap, B.S. Parmar and Kamal Krishan, learned Counsel for the respondents and learned A.G.A. for the State. 7. The petitioner Smt. Rachana Chaurasia is said to be the legally wedded wife of respondent Karamveer Singh. Km. Anjali was born on 14-4-2002 of their wedlock from the womb of Smt. Rachana Chaurasiya, as is evidently clear from Annexures 2 and 3 of the writ petition. Km. Anjali is in the custody of Karamveer Singh. Karamveer Singh has remarried Smt. Poonam Singh and a baby is said to have taken birth out of their wedlock. Smt. Poonam Singh is present in the Court and she is having a baby in her lap. 8. The contention of the learned Counsel for the petitioner is that the petitioner Smt. Rachana Chaurasia, aged about 24 years is the natural guardian of Km. Anjali, who is about 5 years of age. Smt. Rachana Chaurasia has not remarried and she has sufficient means to maintain her daughter and as a mother she can do anything for her betterment and Km. Anjali is the only hope of her life. Therefore, her custody be given to her. 9. Anjali, who is about 5 years of age. Smt. Rachana Chaurasia has not remarried and she has sufficient means to maintain her daughter and as a mother she can do anything for her betterment and Km. Anjali is the only hope of her life. Therefore, her custody be given to her. 9. On the other hand, learned Counsel for the respondents have vehemently argued that the financial status of the petitioner is not sound to maintain Km. Anjali whereas she is getting better nourishment under the guardianship of respondent Karamveer Singh, therefore, her custody may not be given to petitioner Smt. Rachana Chaurasia. 10. It may categorically be expressed at the very outset that there are specific procedures and forums for adjudicating, deciding and disposing of all the controversial matters/points arising out of the supplementary, counter and rejoinder affidavits supporting the petition, therefore, this Court cannot ventilate anything on merit on any of the controversial issues/matters/points of civil and criminal nature. 11. The only question which crops up for consideration is whether the girl named Km. Anjali should continue to remain in the custody and guardianship of the respondent Karamveer Singh, who is her father and he has remarried Smt. Poonam Singh and Smt. Poonam Singh has a minor child in her lap to maintain her or should be handed over to the petitioner, who is her natural mother? 12. The petitioner Smt. Rachana Chaurasia is said to be the wife of respondent Karamveer Singh. The girl named Km. Anjali is born to the petitioner as a result of her wedlock with the respondent Karamveer Singh. Km. Anjali is in the custody and guardianship of respondent. The petitioner has been living separately from the respondent for one reason or the other. 13. It is not out of place to mention here that the mother is greater than the earth. She is dearer than even the heaven. The love and affection of the mother for her child cannot be compared in any manner whatsoever to that of any man or woman. The present writ petition was filed on 14.10.2004 and since then the petitioner is running from pillar to post for getting the custody of her daughter Km. Anjali. Karamveer Singh has already remarried Smt. Poonam Singh and a child is also born from their wedlock. Smt. Poonam Singh is the stepmother of Km. Anjali. The present writ petition was filed on 14.10.2004 and since then the petitioner is running from pillar to post for getting the custody of her daughter Km. Anjali. Karamveer Singh has already remarried Smt. Poonam Singh and a child is also born from their wedlock. Smt. Poonam Singh is the stepmother of Km. Anjali. Leaving some exceptions, the natural mother can give more love, affection and care to her child than the stepmother and she can sacrifice anything for her or his welfare. The natural mother appears to have gone mad in love of her minor daughter Km. Anjali. 14. In view of all these realities and in view of above-mentioned facts in particular I arrive at the conclusion that the girl Km. Anjali should be handed over by the respondent Karamveer Singh to the petitioner Smt. Rachana Chaurasia. The respondent Karamveer Singh is, therefore, ordered to do so just now in the Court itself. Respondent Karamveer Singh has handed over Km. Anjali to petitioner Smt. Rachana Chaurasia. The petitioner Smt. Rachana Chaurasia has identified the girl and has taken her into her lap. 15. Sri Iqbal Singh Malik, Circle Officer and Smt. Shanti Tripathi, HCP are present in the Court. They are directed to enable Smt. Rachana Chaurasia to take her daughter Km. Anjali to her residence safely or the Office shall provide adequate security enabling the petitioner Smt. Rachana Chaurasia to take her daughter Km. Anjali to her residence safely. 16. The respondent Karamveer Singh is further directed not to interfere in the peaceful living of Km. Anjali with her mother Smt. Rachana Chaurasia, but he is at liberty to meet his daughter Km. Anjali at her residence whenever he wishes subject to the convenience of Smt. Rachana Chaurasia. 17. With these observations, the petition stands disposed off. 18. Let a copy of this order be immediately furnished to the learned A.G.A. free of cost for intimating the jail authorities concerned so far as it relates to the release of respondent Karamveer Singh is concerned. ———