JUDGMENT

Vipin Chandra Dixit, J.

Heard Sri Sheshadri Trivedi, learned counsel for the petitioners, learned A.G.A. for the State, Sri Sunil Kumar, learned counsel appearing on behalf of respondent nos. 4 & 5 and perused the record.

2. This habeas corpus writ petition has been filed on behalf of corpus Kashish Singh through her mother petitioner no. 1 namely Shaille Singh with the allegation that the corpus is illegally detained by respondent nos. 4 and 5 who are uncle and aunty (Mausa and Mausi) of the corpus.

3. Brief facts of the case is that the marriage of petitioner no. 1 namely Shaille Singh was solemnized with Yashveer Singh on 14.10.2004. The husband of petitioner no. 1 is working as shoulder in Indian Army and while going for his training in the year, 2004, he left petitioner no. 1 namely Shaille Singh at her parental house. Petitioner No. 2 Kashish Singh (corpus) was born on 12.01.2008 with the wedlock of Yashveer Singh and petitioner no. 1 namely Shaille Singh. In the year 2008, the husband of petitioner no. 1 got posted at Jammu and Kashmir and he could not take his wife and petitioner no. 2 (corpus) to his place of posting and left both of them at the residence of respondent nos. 4 and 5, who are real sister and brother in law of petitioner no. 1. The corpus stayed along with her mother at the residence of respondent nos. 4 and 5 from 2008 to 2012 and thereafter petitioner no. 1 and her husband namely Yashveer Singh left petitioner no. 2(corpus) under the custody of respondent nos. 4 and 5 and they went to Rajasthan where Yashveer Singh was posted. The petitioner no. 2 (corpus) stayed with private respondent nos. 4 and 5 with the consent of her parents, but later on they claimed the custody of corpus which was refused by respondent nos. 4 and 5. On the complaint of parents, the Child Welfare Committee had examined the matter and custody of corpus was given to respondent nos. 4 and 5, vide order dated 09.06.2022. The order of Child Welfare Committee dated 09.06.2022 was challenged by the parents of the corpus before the State Child Rights Commission, which passed the order on 27.07.2022 giving custody of corpus to the parents. In the mean time, respondent nos. 4 and 5 had filed suit under sections 9 and 10 of the Guardians And Wards Act which was registered as Suit No. 24 of 2022 on the ground that respondent nos. 4 and 5 had adopted the corpus as per Hindu rights and customs. The order of State Child Rights Commission dated 27.07.2022 was also challenged by the respondent nos. 4 and 5 before this Hon'ble court and the Division Bench of this Court had stayed the operation of order dated 27.07.2022 directing the custody of corpus with the petitioners (respondent nos. 4 and 5 herein).

4. It is submitted by learned counsel for the petitioners that the petitioner no. 1 being biological mother of corpus namely Kashish Singh is entitled for custody of minor daughter who is illegally detained by her uncle and aunt who are respondent nos. 4 and 5. It is further submitted that respondent nos. 4 and 5 having no right to retain the custody of corpus as they have failed to prove at any stage that the corpus was adopted by them, as there is no adoption deed registered in their favour. It is further submitted that the corpus was living with respondent nos. 4 and 5 with the consent of parents and father of corpus was sending sufficient amount for her maintenance as well as expenditure for her schooling.

5. On the other hand learned counsel appearing on behalf of private respondent nos. 4 and 5 submits that the corpus is residing with the answering respondents by birth and the parents of corpus on account of their differences again