JUDGMENT :

1. Heard Sri Shubham Aggarwal along with Ms. Suksham Aggarwal and Sushil Kumar Singh, the learned counsel for the petitioner-Smt. Ira Sharma as well as Smt. Kiran Singh and Prem Prakash, the learned Additional Government Advocate-I for the State-respondent Nos. 1 to 3 and Sri Manoj Kumar Misra, learned counsel for the respondent No.4 and pleadings between the parties have already been exchanged.

2. The petitioner-Ira Sharma has filed this Habeas Corpus petition with the following reliefs :

“(i) to issue a writ, order or direction in the nature of Habeas Corpus commanding the respondents to produce the corpus of detenues, namely Rayan Pandey and Mirah Pandey at the earliest before this Hon’ble Court and to handover the custody of the said minor children to petitioner being their mother.

(ii) to issue directions to the respondent no.4 through respondent No.1 and 2 for making necessary provisions for interaction and conversations between the petitioner/mother and the minor children immediately and during pendency of the present writ petition by mode of voice and video calls.

(iii) to issue any other order or direction which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case in favour of the petitioner in the interest of justice.

(iv) Allow the writ petition with costs.”

3. This Court on 20.04.2023 had passed the following order :

“Sri Manoj Kumar Misra, Advocate has filed his Vakalatnama today in Court on behalf of opposite party No.4. The same is taken on record.

In compliance of order dated 02.03.2023 opposite party No.4-Dhreerendra Pandey @ Dheerendra Vikram Pandey along with detenues, namely, Mirah Pandey-daughter and Rayan Pandey-son is present before this Court in person accompanied by Sub Inspector Sri Rajneesh Dwivedi and lady constable Ms. Archana Yadav, Police Station Kotwali Nagar, District Gonda.

Smt. Ira Sharma, petitioner is also present before this Court in person. She has been identified by her counsel Mr. Shubham Aggarwal.

Heard Shri Shubham Aggarwal alongwith Ms. Suksham Aggarwal, the learned counsel for the petitioner-Smt Ira Sharma as well as Sri Manoj Singh and Prem Prakash, the learned A.G.A.-I for the State and Sri Manoj Kumar Misra, learned counsel for the opposite party No.4.

Learned counsel for the opposite party No.4 has filed counter affidavit today in Court after serving the copy of the same to learned counsel for the petitioner. The same is taken on record.

Learned counsel for the petitioner prays for and is allowed four days time to file rejoinder affidavit.

Smt Ira Sharma, petitioner submits that she is staying in India till 2nd may, 2023. She further prays that she may be given at least one hour time in the evening between 6.00 p.m. to 7.00 p.m. to meet her children, during her stay in India and she wants to talk to her children on mobile and on video call.

Mr. Dhreerendra Pandey @ Dheerendra Vikram Pandey-opposite party No.4 has no objection to the request made by the petitioner-Smt. Ira Sharma.

As prayed, Smt. Ira Sharma, petitioner is permitted to meet her children in the evening between 6.00 p.m. to 7.00 p.m. during her stay in India up to 02.05.2023 at the current residence of opposite party No.4 i.e. Omax R-2, Building 15, Flat 1104, Lucknow and she is also permitted to talk to her children for ten minutes in the evening on mobile and on video call, but not after 9.00 p.m.

It is made clear that during visit of Smt Ira Sharma at the residence of opposite party No.4 and during mobile call, Mr. Dhreerendra Pandey @ Dheerendra Vikram Pandey-opposite party No.4 will not create any hindrance.

Put up this case on 27.04.2023 for further hearing before this Court.

On the next date fixed, Mr. Dhreerendra Pandey @ Dheerendra Vikram Pandey, opposite party No.4 and Smt. Ira Sharma, petitioner shall again appear in person before this Court but detenues, namely, Mirah Pandey-daughter and Rayan Pandey-son need not to appear unless called for and their custody during that period