IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1203 of 2010 SONIYA MEHTO Versus STATE OF BIHAR & ORS ----------- 02. 23.11.2010 Heard learned counsel for the petitioner and counsel appearing for the State. The petitioner, Soniya Mehto, has filed this application for issuance of writ of Habeas Corpus, directing the Respondent No. 8, Bhusan Mahto for production of her two minor sons. Allegation in this writ application, made by the petitioner, is that her husband and other respondents have forcibly taken away her two minor sons and kept them in illegal confinement of Respondent No. 8. There is no such statement / averment in the writ application that issue relating to custody of the children has been decided in favour of the petitioner and she is the only legal guardian of her minor sons. Since there is no such adjudication till date, both the parents, who are the petitioner and the Respondent No. 8, are legally entitled for custody, maintenance and welfare of their children. As such there is no reason to interfere in the matter, in which the prayer of the petitioner is for issuance of writ of 2 Habeas Corpus. We feel that the petitioner has filed this application before this forum instead of approaching a competent forum. She can file here application before the appropriate forum for adjudication of the issue relating to custody of her minor children. This application is dismissed. SKM (Mridula Mishra, J.) (Dharnidhar Jha, J.)