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2024 Supreme(SC) 671

B. R. GAVAI, K. V. VISWANATHAN
Gautam Kumar Das – Appellant
Versus
NCT of Delhi – Respondent


JUDGMENT :

B.R. GAVAI, J.

1. Leave granted.

2. The present appeal challenges the final judgment and order dated 3rd April 2024 passed by a Division Bench of the High Court of Delhi in Writ Petition (Crl.) No. 416 of 2024, whereby the High Court disposed of the petition filed by the appellant, seeking to obtain the custody of his minor daughter from the alleged unlawful custody of respondent Nos. 5 and 6 (sisters-in-law of the appellant), by granting liberty to the parties to approach the family court of competent jurisdiction for seeking custody of the child in question.

3. The facts, in brief, giving rise to the present appeal are as given below:

    3.1 On 27th January 2012, the appellant married one Ms. Subrata Das and out of the wedlock two children were born - the first child, Master Divyanshu Das, on 11th September 2013, and the second child, Ms. Baby Sugandha Das, on 20th April 2021.

    3.2 When their daughter was only 10 days old, the appellant unfortunately lost his wife on 30th April 2021, due to Covid-19 infection. Shortly thereafter tragedy struck the appellant once again as he lost his father on 13th May 2021, due to Covid-19 infection.

    3.3 Grieving the loss of his loved ones, the a

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