( 1 ) THE detenus who are children of Smt. Parvati Devi and Sobhanath, O. P. No. 1, have instituted this Habeas Corpus Petition through their mother, Smt. Parvati Devi, as they allegedly were in the illegal custody of their father and considering the status of husband and wife they could be maintained properly by their mother only and not father.

( 2 ) THE marriage had taken place about 20 years ago and on the date of the petition, i. e. 7/07/1994, Raju Radha and Sanju were aged about 11 years, 5 years and 4 years respectively. Relations between the wife and husband became strained allegedly due to the bad habits of the husband who was a labourer. The alleged bad habits were illicit connection with another lady, gambling and drinking etc. His behaviour towards the wife and children had become rather cruel.

( 3 ) PETITIONER No. 4, the wife, was compelled to do the work of washing and pressing of clothes for her survival as well as the survival of the children. On her request, her husband had taken the family to Kikarahi Bazar within police station Karma where she had started a petty shop of "visatkhana and also used to do the work of washing and pressing of the cloth