JUDGMENT :

R.C. KHULBE, J.

1. This Habeas Corpus petition has been filed under Article 226 of the Constitution of India for issuing a writ, order or direction in the nature of Habeas Corpus to direct the respondents to produce the corpus (Son of the petitioner Mohd. Umar) before this Court and thereafter, to provide the custody of Mohd. Umar (Son of the petitioner) to the petitioner.

2. As per the writ petition, the marriage of the writ-petitioner was solemnized with respondent no. 4 on 25.09.2015 as per Muslim Rituals and Rites; after marriage a male child was born on 21.09.2017; thereafter, on 25.11.2018, the writ-petitioner gave birth to another male child-Mohd. Umar but unfortunately, the respondent no. 4 has given divorce to the writ-petitioner on 07.07.2019; accordingly, a compromise was made between the parties on 10.07.2019; as per the compromise the respondent no. 4 will pay Rs. 3 lakhs for the maintenance of children.

3. It is also stated in the writ-petition that her Son-Mohd. Umar, who is aged about two and half years, has been illegally detained by the respondent nos. 4 and 5.

4. Notices were issued to respondent nos.4 and 5, although their counsel was present on 06.05.2021