JUDGMENT (PER: GAUTAM A. ANKHAD, J.)

1. Rule. Rule is made returnable forthwith and the matter is heard finally with the consent of the parties.

2. The Petitioner is the biological father of 5-year-old twins. Respondent No. 5 is the mother of the Petitioner, and Respondent Nos. 6 to 8 are the sisters of the

Petitioner. One son (Mst. Lakshya Parghi) is in the custody of the Petitioner, whereas the other (Mst. Lavya Parghi) is admittedly in the custody of Respondent No. 5.

3. The present Petition seeks a Writ of Habeas Corpus directing Respondent No. 4 (Police) to procure the custody of the Mst. Lavya Parghi from Respondent No.5 and hand him over to the Petitioner.

4. The facts in a nutshell are as follows:-

(i) The Petitioner is presently working as a ‘Mukadam’ at the P/North Ward office of the Municipal Corporation of Greater Mumbai (MCGM). His job was secured a few years ago with MCGM under a retirement-linked preferential employment scheme availed by the Petitioner through Respondent No. 5, who was a former employee of MCGM.

(ii) The Petitioner was married on 6th December, 2014 and the twins were born on 12th November, 2019 to the Petitioner and his wife through surrogacy. The t