JUDGMENT :

1. Akhilesh Sharma, the second petitioner says that his minor daughter, Km. Vaibhavi Sharma is in the unlawful detention of Surya Kant Sharma, the minor’s grandfather (maternal) and the fourth respondent to this petition. Akhilesh Sharma wants this Court to issue a writ, order or direction in the nature of habeas corpus to liberate his minor daughter, Km. Vaibhavi Sharma from unlawful custody of the fourth respondent and to entrust the minor’s custody to him.

2. A rule nisi was issued in this case on 05.10.2020, ordering the minor to be produced before this Court on 08.10.2020. The minor was produced. At the hearing of the rule, besides the minor, Km. Vaibhavi Sharma, who was produced by the police, the minor’s father, Akhilesh Sharma and her grandfather, Surya Kant Sharma, were also present. This Court individually ascertained the stand of each of these parties, including the minor. This Court, particularly, inquired of the minor, her choice and comfort in the matter of custody. The Court also spoke to the minor’s father and her grandfather (maternal), not only to ascertain their stand, but to gain acquaintance with so much of their affairs as would materially bear on the