Heard Ms. Manisha Chaturvedi, learned counsel for the petitioners and Sri Pankaj Saxena, learned A.G.A.-I and Sri Arvind Kumar, learned A.G.A. for the State respondents.
Learned A.G.A.-I points out that the application dated 08.1.2021, annexure 2 to the petition, stated to have been submitted before the police authority and also the pleadings in the petition indicate that the petitioner no. 1, wife of the petitioner no. 3, went away to her maternal home on 16.12.2018 along with the petitioner no. 2, minor daughter who was less than two months old at that point of time, and that she is not coming back to her matrimonial home. He submits that in view of the same, the grievance which is sought to be raised is for restitution of conjugal rights and custody of minor child and a petition for writ of habeas corpus would not be entertainable in the aforesaid facts.
Learned counsel for the petitioners has not disputed the aforesaid factual and legal position and states that she does not wish to press the matter any further and that the petitioner no. 3 would be advised to avail the appropriate remedy.
The petition stands dismissed accordingly.
Order Date :- 16.4.2021 Pratima (Dr.Y.K.Srivastava,J.)