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2017 Supreme(SC) 1161

DIPAK MISRA, AMITAVA ROY
Prateek Gupta – Appellant
Versus
Shilpi Gupta – Respondent


Advocates Appeared:
For the Appellant : Braj Nath Patel, Ms. Sweta, Ms. Romila, Ms. Binu Tamta, Advs.
For the Respondents: N.S. Dalal, D.P. Singh, R.C. Kaushik, Advs.

JUDGMENT

Amitava Roy, J.

By the impugned judgment and order dated 29.04.2016 rendered by the High Court of Delhi, in a writ petition filed by the respondent No.1 seeking a writ in the nature of habeas corpus, the appellant-father has been directed to hand over the custody of the child, Master Aadvik, aged about 5 years to respondent No.1- mother. The appellant-father is in assailment of this determination and seeks the remedial intervention of this Court. By order dated 03.05.2016, the operation of the impugned verdict was stayed and as the said arrangement was continued thereafter from time to time, the custody of the child as on date has remained with the appellant. The orders passed by this Court though attest its earnest endeavour to secure a reconciliation through interactions with the parents and the child, the efforts having failed, the appeal is being disposed of on merits.

2. We have heard Ms. Binu Tamta, learned counsel for the appellant and Mr. N.S. Dalal, learned counsel for the respondent No. 1 (hereafter to be referred to as "respondent").

3. A skeletal outline of the factual backdrop is essential. The appellant and the respondent who married on 20.01.2010 in accordance w











































































































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