The woman had in a telegram to the Chief Justice - which was treated as a petition - complained that her husband Sunil Mehta of Bangalore had forcibly taken away her son from Chandigarh, where she was employed after leaving her husband due to ill-treatment and his illicit intimacy with her sister. She alleged that she married the respondent in June 1994 and he later developed illicit intimacy with her sister who was residing with them.

Bindhu Mehta had also initiated divorce proceedings before the family court and sought a direction to her husband to return the child.

On a court order, both parties presented themselves yesterday and Sunil Mehta produced his son. After the hearing, the court passed an order observing that the paramount consideration in such cases was the welfare of the child and directed Sunil Mehta to hand over the boy to the petitioner immediately.