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AUGUSTINE GEORGE MASIH, SANDEEP MOUDGIL
Richa Gupta – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sandeep Moudgil, J. - The jurisdiction of this Court under Article 226 of the Constitution of India was invoked by the petitioner for the issuance of a writ in the nature of habeas corpus for the release of her son, Advait Gupta, who was stated to be in illegal and unlawful custody of respondents No.5 to 9, specifically respondent No.7-Minakshi Gupta, who claims to have legally adopted the child, with the consent of her husband, Sai Kiran (who is not party to the lis).
2. Before adverting to the legal question involved in the instant petition, facts in brief as have been unfolded before this Court are that the marriage of the petitioner was solemnized with Adesh Gupta on 27.05.2017 and out of the said wedlock, one son, namely, Advait Gupta was born on 01.06.2019. The husband of the petitioner unfortunately, expired on 22.07.2019 and thereafter, as per averments made in the petition, having been treated with disrespect and meted out with harassment, was forced to leave the matrimonial home, by respondents No.5 & 6 (petitioner's in-laws), leaving behind her son namely Advait Gupta. At that time, the petitioner was introduced, by her in-laws, with respondents No. 8 and 9 (Ashw
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