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 (Ashwani Jain and Manisha Gupta), who are sister and brother of respondent No.7-Minakshi Gupta along-with respondent No.10-Jenender Gupta, who is a common friend/relative of respondent No.7 and respondents No.5 and 6.

3. It is the assertion of the petitioner that she was given assurance by her in-laws that her son would be legally adopted and that she would be called to meet the adoptive parents and only upon her being satisfied, adoption will take place. It is the allegation of the petitioner that just few days back prior to the filing of present petition, she came to know that illegal adoption is being executed and she was not called for the same and as such, she is not aware about the whereabouts of her son. Even her in-laws refused to tell her about her son, when she rang them up. It came to her knowledge that adoption had already taken place and the child had been given to respondent No.7, who would take the child out of India by the last week of January, 2020. The petitioner immediately moved representations to the Social Welfare Child & Women Development Department, Chandigarh as well as Senior Superintendent of Police, Chandigarh on 18.12.2019 (Annexure P-2 collectively). Respondents No.5 and 6 were summoned by the Station House Officer, Police Station Sector 34, Chandigarh and the petitioner was also called wherein a statement was made by respondents No.5 and 6 that they will hand over the child to the petitioner on 13.01.2020. However, the child was not handed over to her, nor any action was taken by the police authorities, thereafter, it was in this eventuality a criminal writ petition came to be filed before learned Single Judge seeking issuance of a writ in the nature of Habeas Corpus praying for appointment of Warrant Officer to raid the premises of respondents No.5 to 9 or any other place pointed out by the petitioner to secure the release of the detenu namely Advait Gupta alleging the detenu child to be in illegal custody of respondents No.5 to 9.

4. The learned Single Judge after having reached the conclusion by returning a finding that the adoption deed dated 03.12.2019 was more than just prima-facie a highly suspicious document as regards it authenticity and intention to give child in adoption being at a time when the petitioner cannot be said to be in a stable mental and emotional state, due to the recent death of h