JUDGMENT :

Pushpendra Singh Bhati, J.

1. This present Habeas Corpus Writ Petition has been preferred for claiming custody of a minor son. However, learned counsel of the petitioner restricts his prayer as to maintainability of the present petition.

2. Brief facts of the case are that the petitioner and the daughter (Smt. Priya Jain) of the respondents no.4 & 7 solemnized marriage on 25.04.2016 as per Hindu customs and rituals, and out of the said wedlock, a child (son) was born on 06.12.2019. Thereafter, due to some matrimonial discord, the petitioner and his wife started living separately from each other from the year 2020, whereafter, in the year 2023, the proceedings relating to matrimonial dispute were initiated and during the course of such proceedings, the petitioner’s wife (Smt. Priya Jain) expired due to road accident.

3. Mr. Rajesh Panwar, learned Senior Counsel assisted by Mr. Ayush Gehlot appearing on behalf of the petitioner submits that the son of the petitioner is in custody of his maternal grandparents as well as maternal uncle (Mama) and the son is a minor aged 3 years and 10 months, and therefore, the petitioner, being father, is the legal and natural guardian of the s