ORDER :

(Vipul M. Pancholi, J.)

1. This petition is filed under Article 226 of the Constitution of India in which the petitioner – mother of the corpus has prayed that a writ of habeas corpus be issued directing the respondent Police Authorities to produce the minor child viz. Jiyansh (corpus) i.e. son of the petitioner before this Court and handover/restore the custody of the corpus to the petitioner mother.

2. Heard learned advocate Mr. Anand Gogia for the petitioner, learned advocate Mr. Manmeetsingh P. Chhabra for respondent Nos. 4, 5 and 6 and learned APP Mr. H. K. Patel for respondent Nos. 1, 2 and 3.

3. Learned advocate for the petitioner submitted that petitioner got married with the respondent No.4 in the year 2013. Out of the said wedlock, the petitioner and respondent No.4 are having a son viz. Jiyansh. However, because of certain disputes, the petitioner has initiated proceedings under Section 125 of the Code of Criminal Procedure, 1973 and under Section 498A of the Indian Penal Code, 1860 against the respondent husband and his family members. At this stage, it is contended that on 02.10.2021, at about 8:00 to 8:15 p.m., petitioner along with her mother and minor son Jiya