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6. Unfortunately, the mediation has failed. In such circumstances, the matter has been placed, once again, before us.

7. We tried our best to resolve the disputes between the parties. The husband has altogether a different story to narrate. He has filed an affidavit­in­reply, inter alia, stating as under;

"2. At the outset I state and submit that the petitioner has no case for the Habeas Corpus. The petitioner and his husband were married in 9.12.2016. After that she has some mental problems but petitioner has suppressed that fact with the present petitioner and others. Even after that petitioner tried to take her for treatment and she always denied for it.

3. After the birth of child Priyanshi on dated 17.1.2019 her mental health is not good and she always denied for treatment. Even petitioner has also informed about to his father but he did not care for it. The petitioner mother even did not taken care of child and she even not ready to touch another person of family. Even she was not look after child mother has not given any bath or feeding to the child. Even for that child Priyanshi has skin problem due to without bath. The petitioner has not given bath to the child for 15 days. At present Priyanshi's skin treatment is going on with doctor Dr. Vishwas Patel, M.B.B.S.D.D.V and she has problem in head skin problems.

R/SCR.A/1022/2019 JUDGMENT

4. This is not the first time but she left the house for more than seven times due to her mental problems. All these things are neighbours. Mr. Virendra Natvarlal Bhatt and Mayurkumar Indravadan Bhatt are also knowing this. Even on the day of dated 15.01.2019 and it is the next day of Uttrayan she has not prepared the food and started quarreling with the respondent No.3 and his family members. Moreover she tried to throw the child Priyanshi. Due to 15.01.2019 all the people are on the terrace and they have seen it this incident is occurred for two hours. Therefore people have ready to give deposition before the court and three neighbours have given affidavit cum declaration on 30.1.2019. It shows that she has abnormal behaviour. As the Special Criminal Application No.1022/2019 is based on misconception of facts and law and misinterpretation and superstation of facts.

39. Thus, the Court should avoid a technical and legalistic view; it should adopt a pragmatic and realistic view in such a case. Moreover, the Court acts less as a Court of law, and more as a Court of equity. For it deals less with legal issues, and more with a human problem of the parents and the children. According to the Apex Court, "To repeat, issues relating to custody of minors and tender aged children have to be handled with love, affection, sentiments and by applying human touch to the problem." Ref. to Nil Ratan Kundu, AIR 2009 SC (Supp) 732 (supra).