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2022 Supreme(SC) 615

A. M. KHANWILKAR, J. B. PARDIWALA
Rajeswari Chandrasekar Ganesh – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates appeared:
For the Appellant :S. S. Jauhar, Advocate
For the Respondent:Reena Pandey, Joseph Aristotle S., Nupur Sharma, Shobhit Dwivedi, Sanjeev Kumar Mahara, Advocates

JUDGMENT

J.B. Pardiwala, J.

This writ petition under Article 32 of the Constitution of India involves a contest over the custody of children born out of the wedlock between the petitioner-mother and the respondent no.2-father. The respondents nos.4 and 5 respectively are the brother and father of the respondent no.2.

2. The petitioner-mother has prayed for the following reliefs :

    “(a) Issue an appropriate writ, order or direction in the nature Habeas Corpus to the Respondent No.1 to immediately trace and produce the minor children Lakshaya Ganesh and Bhavin Sai Ganesh before this Honble Court and deliver their custody to the Petitioner Mother so as to repatriated them to the U.S. in compliance with the Order passed by the U.S. Court dated 30.07.2021.

    (b) issue a direction to the Respondent No.3/Director of CBI to trace the minor children Lakshaya Ganesh and Bhavin Sai Ganesh and to produce them before this Honble Court, since the Respondent No.2 is not traceable.

    (c) issue an appropriate writ, order or direction in the nature Habeas Corpus to Respondent No.2 to cooperate with anyone appointed by the Petitioner Ex-Wife to transport the minor children Lakshaya Ganesh and Bhavin Sai Ganes


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