V. Kanagaraj, J.

1. This Habeas Corpus Petition has been filed praying to direct the respondents 4,5 and 6 herein to produce the body of the petitioner’s minor female child Ashmin Elizabeth Biju, aged about 2 years old from the illegal custody and illegal detention by respondents 1 to 3 herein before this Court and to restore the custody of the child Ashmin Elizabeth Biju, to the petitioner.

2. Today, when the above petition came up before this Court, we are able to find from the records that notices have been served on all, excepting the 7th respondent herein, who is the husband of the petitioner, who is said to have been in abroad.

3. Today, not only the petitioner, but all the respondents, including the 7th respondent, appeared before this Court along with the child, the custody of which is the issue before us.

4. Prior to going into the merits of the case, it is always necessary to solve the legality of the problem, in which event, there would not be any necessity to go into the merit of the matter at all.

5. It is the law, that till the completion of the year of five of any child, the child whether male or female must be with the custody of the mother and even ther