Pritinker Diwaker, J.

As the pleadings are complete, with the consent of parties, this petition is being heard finally.

2. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking a writ of habeas corpus, inter alia, mentioning therein that petitioner Manuj Sharma is a husband of respondent no.7-Smt. Priya Sharma, their marriage was solemnized on 24.4.2008 at Agra and out of the wedlock, the couple has two issues, namely, Km. Shravya Sharma, aged about 8 1/2 years and Km. Tvisha, aged about 2 1/2 years. According to petitioner, respondent nos.5 and 6 are in illegal custody of their mother, respondent no.7, and are not in a position to think about their welfare. The petitioner has also prayed for issuance of a writ of mandamus commanding the respondents to provide legal custody of respondent nos.5 and 6 (minor children) to him.

3. Learned counsel for the petitioner, submits that respondent no.7 is living in adultery with respondent no.8 and as such, she is not taking care of respondent nos.5 and 6. The financial condition of the petitioner is much superior than that of respondent no.7 and, therefore, also, considering the wel