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2022 Supreme(Pat) 175

ASHWANI KUMAR SINGH, RAJEEV RANJAN PRASAD
G. S. S. Sitara W/O Sajjan Raj Shekhar – Appellant
Versus
State of Bihar through Home Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Saroj Kumar Sharma, Advocate
For the Respondent:Mr. Ashok Kumar Chaudhary, Sr. Advocate, Mr. Nadeem Seraj, GP-5

JUDGMENT :

Rajeev Ranjan Prasad, J.

This writ application has been preferred seeking guardianship of the minor female child of the petitioner who is said to be in the alleged inappropriate custody of the husband of the petitioner (respondent no. 4). A writ in the nature of writ of Habeas Corpus has been applied for invoking the extraordinary writ jurisdiction of this Court.

Brief Facts

2. The petitioner and respondent no. 4 were married to each other in accordance with Hindu rites and customs in the State of Tamil Nadu on 04.09.2017. The petitioner was earlier working as a Senior Systems Engineer in a well-known IT company. Respondent no. 4 is in Indian Administrative Service, presently posted as District Magistrate of Sheohar in the State of Bihar. The petitioner and respondent no. 4 got a female child/daughter named ‘Heera’ on 27.11.2018 at Chennai and at presently she is little more than 3 years of age. The daughter is presently in the custody of Respondent No. 4. Later, the couple got a male child/son who is with the petitioner.

3. The petitioner and respondent no. 4 seem to have developed matrimonial discord leading to registration of Muzaffarpur Town P.S. Case No. 450 dated 18.06.

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