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2003 Supreme(SC) 646

N.S.HEGDE, B.P.SINGH
Saihba Ali – Appellant
Versus
State Of Maharashtra – Respondent


ORDER

In this petition under Article 32 of the Constitution of India, the petitioner primarily seeks a writ in the nature of habeas corpus directing respondent Nos. 2 and 4 to produce her minor children and hand-over the custody of the said minor children to the petitioner along with their passports and travel documents. The petition is based on the fact that the petitioner is the natural mother and de facto guardian of the minor children and that her husband is serving a jail-term in the United States of America, and that she has obtained an order of the competent court in the USA for the custody of the minor children, therefore, their custody with the second respondent is an illegal custody, consequently she is entitled to the relief prayed for by her in the above petition.

2. Respondent No. 4 who is the paternal grand-mother of the children in question, has filed a counter and has brought to our notice that the children in question are in her custody by virtue of an order made by a competent Family Court at Nagpur in a petition filed by her son to which petition the writ petitioner was a party, and though the said writ-petitioner has challenged the said order of the Family Court i

















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