( 1 ) THIS is a habeas corpus petition under Article 226 of the Constitution filed by two minors Km. Sunita and her brother Sushil through their father Kashi Prasad against Smt. Shyam Kali, step mother of their deceased mother Smt. Tara. The application is supported by an affidavit of Kashi pra-sad, Kashi Prasad is a trolley man in the northern railway and lived in loco colony in the city of Kanpur. Smt Shyam Kali lives in the city of Allahabad. The petition was filed on 25-8-1981. Undisputedly the petitioners are living with the opposite party and receiving education at allahabad,

( 2 ) THE allegations of Kashi Prasad are that he wants to keep the minors with him, that he asked the opposite party to allow the minors to live with him and that the opposite party was illegally detaining them, It is undisputed that Smt. Tara died in or about the year 1974 at Aligarh. According to Kashi Prasad after the death of Smt, Tara he kept Sunita with his brother and that later on he allowed Sunita to live with the opposite party. Sushii remained with him, Since last year Sushii was kept with the opposite party, He used to meet the expenses of the maintenance of his children. He ha