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2021 Supreme(Bom) 825

S.S.SHINDE, MANISH PITALE
Veena Biswanath Mitra – Appellant
Versus
Kamla Ashok Aher – Respondent


Advocates appeared:
Rajesh More, Advocate, R.P. Patil, Advocate, S.D. Shinde, Advocate

JUDGMENT

Manish Pitale, J. - Rule. Rule made returnable forthwith. Heard finally with consent of the learned counsel for the rival parties.

2. The parents of a minor child-Anurag have approached this court seeking a writ of habeas corpus to direct the respondents to produce the said minor son of the petitioners and a further direction to respondent No.1, grandmother of the said child, to hand over his custody to them. The said child is at the center of the controversy where the parents on the one hand and the grandmother on the other are claiming custody of the child.

3. The sequence of events leading to filing of the present writ petition starts from the marriage of petitioner Nos.1 and 2 on 25.02.2008. The said child was born out of the wedlock and now he is 12 years old. He was living with the petitioners i.e. his mother and father at Chakan, Pune and he took education from nursery to 4th standard at the Pius Memorial School in Chakan, Pune. Petitioner No.2 i.e. the father of the child is an Electrical Engineer, working in a Multinational Company - 3M India Ltd., as Manager (Production and Planning).

3. In August, 2019 petitioner No.1 i.e. the mother of the child, suffered from gyn

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