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1980 Supreme(AP) 235

A.GANGADHARA RAO, P.A.CHOUDHARY
L. Chandran – Appellant
Versus
Venkatalakshmi – Respondent


P. A. CHOUDARY, J.

( 1 ) THE petitioner Chandran of Chingleput District an employee of the Government of Tamil Nadu, married Sundari, the daughter of the first respondent on 11-7-1973 at Secunderabad Sundari of Secunderabad, an Arts graduate aged then about 24 years was working before her marriage as a school teacher at Secunderabad after her marriage, Sundari went to Tamil Nadu and lived with the petitioner in various places of Tamil Nadu and came back to Secunderabad for confinement and died in a nursing home at Secunderabad on 23-10-79 after giving birth to a female child on 17-10-1979 which is the subject-matter of this contentious litigation. The child, after the death of its mother, was not taken by the petitioner to his care or place in Tamil Nadu, Instead it was left at Secunderabad with its grandmother. The mourning grand-mother who is a widow and aged over 50 years took her grand-daughter into her care and custody and since then has been bringing her up in her home at Secunderabad. Now, the petitioner, the father of the child, moves this application under Article 226 of the Constitution for the issuance of a writ in the nature of habeas corpus directed against the childs







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