JUDGMENT :

1. Heard Sri Mohammad Sadab Khan, learned counsel for the petitioner, Sri Pankaj Saxena, learned AGA-I appearing for the State-respondents and Sri Suresh Kumar Gupta, learned counsel appearing for the respondent nos.4 and 5.

2. The present petition seeking a writ of habeas corpus has been filed on behalf of the petitioner, a minor of age about seven years.

3. The facts of the case as pleaded in the petition are that the father of the corpus, Mohammad Shan, died in a road accident on 16.07.2020 and thereafter, on 11. 09.2022, the mother, Zubairiya Shan, solemnized a second marriage with one Mohammad Siraj. The petitioner-corpus, at the relevant point of time, was in custody of the respondent nos.4 and 5 (mother and brother of the deceased father of the corpus, respectively).

4. It is sought to be contended that mother had been assured by the respondent nos.4 and 5 that the custody of the petitioner-corpus would be handed over to her in due course.

5. It has been pleaded in the petition that Case No.92 of 2023 (Smt. Zubairiya Shan Vs. Smt. Akhtari Begum and others), under Sections 25 of the Guardians and Wards Act, 1890,[GWA] and Section 7 of the Family Courts Act, 1984, was i