JUDGMENT :

1. Heard learned counsel fort the petitioner, Sri Siddhartha Sinha, Advocate, learned counsel for the opposite party No.3 to 6, Ms. Rose Mary Raju, Advocate and learned A.G.A. for the State, Sri Anurag Singh Chauhan, Advocate.

2. The instant petition in hand is filed under Article 226 of the Constitution of India seeking issuance of writ in the nature of habeas corpus for production of a minor infant child, the petitioner no.1, namely, Master Devansh Agarwal (the detenue) through his mother, Smt. Deepti Goyal (daughter of Sri K.K. Agarwal), both resident of B47, Sector-H, Aliganj, District-Lucknow. Smt. Deepti Goyal herself is arrayed in the petition as petitioner no.2.

3. The relief claimed in the petition is reproduced hereunder:-

(i) Issue a writ, order or direction in the nature of Habeas Corpus directing the opposite parties to produce the petitioner No.1/Detenue and handover his custody to the petitioner No.2.

(ii) Issue any other writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.

A. Factual Matrix

4. The pleadings indicate the relation between opposite party no.3 Dr. Dinesh Agarwal and petitioner no.2 as husband a