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2021 DIGILAW 1170 (RAJ)

Sunita v. Additional Chief Secretary

2021-07-19

MAHENDAR KUMAR GOYAL, SANGEET LODHA

body2021
JUDGMENT This petition seeking writ of habeas corpus is filed by the petitioner seeking direction for production of her minor child Anuj Chaudhary, alleged to be in illegal detention of respondents no.4 to 6. The petitioner entered into marriage with one Shri Rakesh s/o Nandlal on 16.6.08. Out of the wedlock, one son namely Anuj Chaudhary was born on 15.10.10. Due to an unfortunate accident, the petitioner's husband passed away on 9.2.13. The petitioner entered into second marriage with one Shri Mahaveer Prasad on 15.4.14. It is alleged that the petitioner's minor son was residing with the petitioner, however, on 7.3.21, the respondents no.4 to 6 had forcibly taken away the child. Pursuant to the directions issued by this Court, child Master Anuj Chaudhary is produced before us. We have conferred with the child in camera as also in presence of his mother, the petitioner herein, and grand father, Shri Nand Lal. The child has stated in unequivocal terms that he intends to stay with his mother and not with the grand father. As per the statement of the child, he is residing with his grand father for last 3-4 years. Similarly, the statement of the grand father Shri Nand Lal is that child is staying with him for last 4 years. The petitioner, present in person, before this Court has stated that the respondents had taken away the child forcibly, at the time when the lock down was imposed due to COVID-19 pandemic. In the matter of custody, the paramount consideration is welfare of the child and if the child is desirous to stay with his natural guardian-the mother, who is in position to maintain him, then, the custody deserves to be handed over to the mother. The grand father of the child present before this Court has fairly conceded that if the child wants to go with his mother, his custody may be handed over to her. In this view of the matter, the custody of the minor child Anuj Chaudhary is directed to be handed over to his mother Smt. Sunit, the petitioner herein. Accordingly, the petition seeking writ of habeas corpus is disposed of. The petitioner shall ensure that the child's studies is not interrupted and he is imparted proper education. Further, the petitioner shall permit the grand father and the grand mother to meet the child occasionally.