( 1 ) BY means of this habeas corpus writ petition the parents of minor child Ankur Tripathi alias Tinnu, who is aged about 9 years, have sought custody of the minor child from opposite parties.

( 2 ) AT the outset it will be relevant to mention that opposite party No. 1, Radhey Shyam Pandey, is the maternal grandfather of the child and is aged about 57 years, opposite party No. 2, Srimati Rama Pandey is the maternal grandmother and is aged about 55 years and opposite party No. 3 Srimati Kamlesh who is maternal aunt of the minor is aged about 30 years. The parents of the minor reside at Lucknow while the opposite parties reside at Kanpur. According to the averments made in the petition the marriage between the parents of the minor took place on 16/05/1977 and two sons were born, the elder one is Gaurav Tripathi who is aged about 11 years of age, the younger one is Saurabh Tripathi alias Tinku who has been renamed by the opposite parties as Ankur Tripathi, was born on 7/07/1983 and who is petitioner in the present case. After about one year of the birth of the petitioner the mother of the petitioner, Srimati Akhilesh Tripathi, fell seriously ill and opposite partie