JUDGMENT :

1. Heard Shri Dilip Kumar, learned Senior Counsel assisted by Sri Rizwan Ahmad, learned counsels for the petitioner and Shri Anil Kumar Srivastava, learned Senior Counsel assisted by Shri Rahul Shukla, learned counsels for the respondents.

2. The instant petition has been filed for custody of the corpus (Saksham Pathak) through Amit Kumar Pathak (father) (A-1). The corpus is in the custody of the respondents.

3. The facts giving rise to the instant petition filed for writ of habeas corpus is that A-1 is the only natural and legal guardian of the corpus aged about four years. A-1 is in the employment of Central Reserve Police Force (CRPF); he came to be married to Archana, daughter of Sri Vinod Dubey, on 31 January 2013. After marriage, wife of A-1 started living at the matrimonial house at village Merhi Dudhi, Tehsil, Bharthana, district Etawah. A-1, at intervals, used to visit his native village on leave being sanctioned by the CRPF. From the wedlock, corpus was born on 02 October 2016, at Etawah. In the process of delivery, Archana’s physical condition became critical, she was shifted to Intensive Care Unit (I.C.U.), and was diagnosed of cardiac disorder by the attending