JUDGMENT :

1. Heard Sri Piyush Dubey, learned counsel for the petitioners, Sri Sanjay Singh, learned counsel for respondent no.4 and Ms. Sushma Soni, learned Additional Government Advocate appearing for State respondents.

2. The petitioner no.2 asserting himself to be the father of petitioner no.1-corpus, has filed the present habeas corpus petition alleging that the corpus is under illegal custody of his mother-respondent no.4.

3. As per the pleadings in the petition, the petitioner no.1 is stated to have been born in the year 2012. On 6.01.2019, the respondent no.4 is said to have left her matrimonial home along with her minor child-petitioner no.1 and since then he is with his mother-respondent no.4. A divorce petition, registered as Case No. 1714/2020, is stated to be pending between the parties before the Principal Judge, Family Court, Agra.

4. Pursuant to the rule nisi issued on 23.7.2021, the petitioner no.1-corpus has been produced in court by his mother-respondent no.4, and they have been identified by Sri Sanjay Singh, learned counsel for the respondent no.4.

5. Counsel for the parties do not dispute the fact that the child being a minor, it would be very difficult to ascertai