JUDGMENT :

1. Heard learned counsel for the petitioners, learned counsel for the private respondents and learned A.G.A. for the State.

2. Instant writ petition has been filed by the petitioners seeking a writ of habeas corpus with averment that petitioner no. 1 is grandmother of corpus (Ankur) on whose behalf petition has been filed.

3. Pleadings have been exchanged between the parties.

4. It is submitted by learned counsel for the petitioners that respondent no. 4 is mother of petitioner no. 2 (corpus). The corpus is son of respondent no. 4 namely Rimjhim w/o Amit Saxena. The corpus is born out of wedlock of respondent no. 4 and her husband Amit Saxena. The corpus born on 24.8.2014 in Singapur in presence of his parents who was named as Ankur. The marriage of Amit Saxena, who is s/o petitioner no. 1, and respondent no. 4 was arrange marriage which was solemnized on 30.1.2013 after the couple embarked on honeymoon and first visited Bankok and subsequently Singapur where corpus took birth. After birth of child, the couple return to India on 4.10.2014. Their return ticket to Singapur was scheduled for 15.11.2014 but respondent no. 4 did not join her husband in return journey to Singapur. Her ticket was extended twice but she refused to go back to Singapur to live along with son of petitioner no. 1 and retained the corpus in her custody as she refused to go back to Singapur along with corpus to join her husband and custody of corpus become illegal on that count. Thereafter relations between husband and wife became strained. Husband of the respondent no. 4 came to India on 24.8.2015 and persuaded respondent no. 4 to come along with Ankur to her parental place to celebrate birthday of corpus but she refused. Matter between husband and wife was referred to mediation. A suit for dissolution of marriage was filed by husband of respondent no. 4 in Family Court, Singapur in which decree for dissolution of marriage was passed on 28.11.2017. The husband of respondent no. 4 was directed to pay regular maintenance to the corpus on monthly basis. Joint custody of the corpus was ordered by Family Court, Singapur in favour of both the biological parents. As decree was not complied by respondent no. 4, her husband filed an execution petition before Indian Court under Section 44-A C.P.C. seeking an execution of decree passed by Singapur court. However, in which respondent no. 4 appeared and said execution was dismissed on 30.7.2019 in default. In 2020, marriage of brother of respondent no. 4 Rajat Mowar took place in which proximity of respondent no. 4 with one Abhishek Chaudhary (respondent no. 7) was observed in some photographs provided by Priya Chaudhary, who has been junior to Rimijhim while her studies in S.R.M. Institute and Engineering College, Chennai, in B.Tech/Bio-tech course. In fact Rimjhim solemnized second marriage with said Abhishek Chaudhary on 1.12.2020 in Lucknow and reception was organized on 3.12.2020 at S.S. Palace, Gorakhpur. As the mother of corpus has entered in second marriage, the welfare of corpus in custody of his biological mother is not safe and Priya Chaudhary, bhabhi of respondent no. 4, had witnessed that corpus is being ill-treated by respondents. These facts are narrated by her in a petition filed under Section 9 of Hindu Marriage Act for restitution of conjugal rights before Family Court, Delhi on 10.9.2021. Despite the fact that father of corpus is paying Rs. 16,500/- approximate to the corpus for maintenance as per decree of Singapur Court, however, corpus is not being educated by the respondents in proper manner and he has been admitted in poor standard school in Kanpur. On account of strained relations between respondent no. 4 and her husband, bright prospect of corpus is in peril and in absence of custody of corpus, his grandmother, who is highly educated and resourceful old lady, is helpless to extend helping hand to him. The corpus is even unable to recognize his grandparents and he is deprived of the love