ORDER :- A petition under Article 226 of the Constitution of India has been filed by the natural guardian and mother for a writ of habeas corpus directing her husband to produce her two year old son. The applicant contended that the marriage with the opposite party was solemnized in the year 2004 and a male child was born in the year 2005. On account of harassment and the demand for dowry, which the applicant was unable to accede, the opposite party threw her out on 10-7-2007 and illegally took the custody of the male child. In paragraph 11, the applicant alleged that, she is now residing with her parents and contended that she is the mother and natural guardian of the child and that the opposite party has illegally detained the child without any authority of law. It was also contended that under Section 6 of the Hindu Minority and Guardianship Act, 1956, the custody of the child below 5 years of age is always with the mother and therefore, prayed that the child be produced before the Court and orders for the release of the child be passed.

2. The opposite party appeared and submitted that the marriage was solemnized between the parties on 22-4-2004 and a male child was born on 29-1

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