JUDGMENT :

SONIA GOKANI, J.

1. Present petition is preferred under Article 226 of the Constitution of India seeking issuance of the writ of habeas corpus for production of the corpus minor son Raghav and handing over his legal and lawful custody to the petitioner mother in the following factual background.

1.1. The petitioner’s marriage with the respondent No. 1 had been solemnized on 25.02.2012 at Ahmedabad as per the Hindu Rites and Rituals. His son Raghav was born out of the said wedlock on 17.12.2014. The disputes and the differences between the spouses had led to the decree of divorce passed in a Family Suit No. 140 of 2020, this was consent decree under Section 13(B) of the Hindu Marriage Act, 1955. Parties mutually agreed to handover the custody of the child to the petitioner, who is an educated mother having qualification of MBA in Finance and the father also agreed to the amount of maintenance and education expenses for the child. The judgment and decree of dissolution of the Family Court is dated 26.08.2020. The petitioner and minor son started residing separately from 26.11.2016, when the child was barely two years of age. The decree of dissolution of marriage came on 26.08