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1983 Supreme(AP) 258

SARDAR ALI KHAN, MADHAVA RAO
S. Rehan Fatima – Appellant
Versus
Syed Badinudin Pariviz – Respondent


Advocates:
E.V.Bhagiratha Rao, for Petitioner T.Bali Reddy, for Respondent.

Judgement

SARDAR ALI KHAN, J.:- This petition for the issue of a writ of Habeas Corpus has been filed by the mother S.Rehan Fatima alias Syeda Rana Parviz for the custody of her 3 ½ year old minor. son Syed Wasim Hussain alias Shaher Yar; hereinafter referred to as 'Shaher Yar' for brevity. The petitioner and the respondent were married on 15-10-77 and the marriage was solemnized according to the principles of Mohammadan Law. The respondent-husband who is now having the custody of the child is working as a Lab Technician in the Central Research Institute for Unani and Homoeopathic Medicine, A.C. Guards, Hyderabad. It seems that after the marriage, the petitioner and her husband lived together happily in her father-in-law's house in Sha Ali Banda, Hyderabad till August, 1979. The offspring of the marriage is the son Shaher Yar who was born on 24-9-1979, and is now the subject of controversy for custody between his estranged parents. After the birth of the child, the husband took the wife to a rented house bearing No. 3.5.365 at Syed Ali Chebutra, Hyderabad. The wife alleges that the husband was addicted to vices like drinking and playing cards for which she used to protest and the la












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