JUDGMENT :

1. Heard Mr. Samarth Saxena, learned counsel for petitioner, learned Additional Government Advocate for opposite parties 1 to 3 and Mr. Anil Kumar Mishra, learned counsel for opposite parties 4 to 7.

2. This petition for a writ in the nature of Habeas Corpus has been filed for a direction to opposite parties concerned to produce Garv Mishra, minor son of petitioner and for his custody to be handed over to petitioner.

3. Learned counsel for petitioner submits that the detenu Garv Mishra is only one and half years old with his date of birth being 05.09.2018. It is submitted that opposite parties 4 and 5 are the parents of wife of petitioner who passed away on 10.08.2019. Opposite parties 6 & 7 are her brothers with opposite party no.6 being married and having his own family and opposite party no.7 being unmarried as yet.

4. It is noticed from the order sheet that the issue pertaining to maintainability of a writ petition for habeas corpus seeking custody of child had been framed earlier. With regard to the issue of maintainability of a petition for habeas corpurs seeking custody of a minor child has been dealt with by Hon'ble the Supreme Court in Tejaswini Gaud and others v. S