( 1 ) THIS is a habeas corpus petition under Art. 226 of the Constitution of India, praying that the opposite parties be directed to produce the petitioner, Master Zubeen and to set him at liberty.

( 2 ) THE facts, as they are revealed from the petition, are that on 16-4-1980, Firdous Jahan, who is the mother of the minor, Master Zubeen aged about 10 years, was married to opposite party No. 2, Abdul Wali alias Kalim Khan at Lucknow. After the marriage both of them lived at the house of opposite party No. 2 at Malihabad. On 1-5-1983 when Master Zubeen was about one months old only the opposite party No. 2, Abdul Wali alias Kalim Khan turned out the mother of the minor. Firdous Jahan, from his house. The mother of the minor, Firdous Jahan, with the child, came to Kanpur and started residing with her mother at 145, Chandra Nagar, Police station Chakeri, Kanpur. The minor was studying in school at Kanpur and the examination of the minor, Master Zubeen took place in April, 1983. The opposite party No. 2 Abdul Wali alias Kalim Khan came to Kanpur in 1985 and stayed with his wife, Firdous Jahan, for about 6 months but no maintenance was paid by the opposite party No. 2.