G. S. N. Tripathi, J.@mdashThis is a petition under Article 226 of the Constitution seeking a writ of Habeas Corpus directing the respondent to produce the two children Chandan and Kallu, both below 3 years old.
2. Sri Raj Kumar Seth, petitioner No. 4, is admittedly the husband of Smt. Shashi Seth and father of the aforesaid two children, namely, petitioner Nos. 2 and 3. Smt. Shashi has brought the children along with her father and brother.
3. Smt. Shashi Seth admits that Chandan and Kallu are the two children born to her through the union of Raj Kumar Seth, who is also present in the court. Smt. Shashi Seth further states that on account of cruelty inflicted by respondent No. 4 aforesaid upon her, she is not prepared to go with him. Learned counsel for the parties tried to intervene. But the lady is not relenting. She says that she shall never go to her husband.
4. As stated above, both the children are below 3 years of age. The mother of the children Smt. Shashi Seth has come to this court with the aforesaid two children with her. It means that the children shall remain where their resides. Smt. Shashi Seth resides with her father. Under these circumstances, the children shall remain with her.
5. The custody, even otherwise, should remain with the mother because the children are below 3 years old.
6. The petition is accordingly dismissed. Cost easy.
7. The children Chandan and Kallu, petitioners Nos. 2 and 3 shall remain with Smt. Shashi, their mother. This order shall be subject to any order passed by the District Judge concerned in an application, if filed under the Guardian and Wards Act.
8. After passing of this order, Sri Raj Kumar Seth prays before this Court that he may be allowed to see the children twice in a month at Fatehpur,
9. This prayer is accepted. Sri Raj Kumar Seth shall be at liberty to see his children twice in a month at Fateapur. But he shall not entice them away or take away the children under any circumstances, nor he shall create any undue scene at the time of visiting the children. Smt. Shashi Set and her father are directed to allow Sri Raj Kumar Seth to see the children twice in a month at Fatehpur for a couple of hours or so in their presence.
