AKSHAY H. MEHTA, J.

( 1 ) RULE. Miss Harsha Devani, Ld. APP waives service of rule on behalf of respondents nos. 1 and 3 and Mr. SI Nanavati, learned senior advocate waives service of rule on behalf of respondent no. 2.

( 2 ) THIS petition is filed under the provisions of Article 226 of the Constitution of India praying this Court for issuance writ of habeas corpus. Petitioner is the mother of a child named Kiran (in the affidavit-in-reply stated as karan), aged about 9 months. It is her say that she has married to respondent no. 2 on 28th December, 2002 and during their wedlock child Kiran was born on 12th November, 2003. It is averred by the petitioner that after the child was born within short time she was driven out of the house by respondent no. 2 and his family members. Thereafter she made efforts to get the custody of the child but in vain. After all efforts having failed, now she has been constrained to approach this Court as a last resort. It is further averred in the petition that since the child is aged about 9 months, she is natural guardian of the child. She has for that purpose placed reliance on the provisions of section 6 of the Hindu Minority and guardianship Act, 1

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