S.S.SHINDE, N.B.SURYAWANSHI
Khaled Kamal Hussein Mohamed Kassem – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
S.S Shinde, J.
1. This petition is filed praying therein to issue writ of Habeas Corpus or any other writ, orders/direction to direct the respondents to produce the body of the person i.e. Kian Kaseem son of Petitioner who has been illegally confined by Respondent No. 2 and 3 before this Hon’ble Court and further to hand over custody of Kian Kaseem to the Petitioner.
2. Respondent No. 1 herein is the State of Maharashtra. Respondent No. 2- Paulami Apte is the sister of wife of the Petitioner namely Soumi Ghosh and Respondent No. 3 is the mother of wife of the Petitioner. The Petitioner as well as Respondent No. 2 and 3 have raised various disputed question of facts. However, for the purpose of deciding the present petition, the relevant facts in brief, are as under:-
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Commissioner of Wealth Tax Vs. Late R Sridharan (1976) 4 SCC 489
Raj Kumar Gupta Vs. Barbara Gupta (1989) CalLJ 195
Anjali Kapur Vs. Rajiv Baijal (2009) 7 SCC 322
Athar Hussain Vs. Syed Siraj Ahmed & Ors (2010) 2 SCC 654
Dr. Veena Kapoor Vs. Varinder Kappor (1981) 3 SCC 92
Nithya Anand Raghavan Vs. State (NCT of Delhi) (2017) 8 SCC 454
Prateek Gupta Vs. Shilpi Gupta & Ors (2018) 2 SCC 309
Kanika Goyal Vs. State of Delhi (2018) 9 SCC 578
Elizabeth Dinshaw vs. Aravand M. Dinshaw and Ors. (1987) 1 SCC 42
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