The nd to th respondents invoked the jurisdiction of the Madhya Pradesh High Court by filing a petition seeking a writ of Habeas Corpus under Article of the Constitution of ... India A case made out in the petition was that the th respondent and the mother of the child were residing in Indore where the unnatural death of the mother occurred A First Information Report was registered against the nd and th respondents for of fences punishable under Sections -B and -A of the Indian Penal Code and Sections and of the Dowry Prohibition Act According to the case of the nd to th respondents the nd and rd appellants came to Indore on th December When the th respondent was busy completing the formalities of the post - mortem without the consent of the th respondent the nd and rd appellants took away the minor child The th respondent - the father was arrested in connection with the offence on th February and was granted bail after filing the charge sheet on th April The petition under Article filed by the nd to th respondents proceeded on the allegation that the nd and rd appellants illegally took over custody of the child It must be noted here that on the date of death of the mother the age of the child was months