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1985 Supreme(Del) 98

J.D.JAIN
DURGESH KUMAR AHUJA – Appellant
Versus
VINEET KHURANA – Respondent


Advocates Appeared:
ARUN JAITLEY, Pramod Ahuja

J. D. Jain, J.

( 1 ) THIS is a writ petition under Article 226 of the Constitution of India praying for issuance of a writ, order or direction in the nature of babeas corpus directing the respondents to produce the petitioner s infant daughter Deepam in Court and make her over to the custody of the petitioner.

( 2 ) THE controversy between the parties lies in a narrow compass. It arises out of tussle for the custody of Miss Deepam, an infant daughter aged about a year of the petitioner. It is common ground between the parties that Smt. Meenakshi Ahuja, daughter of Smt. Sudershan Khurana, respondent No. 2 and sister of Sh. Vineet Khurana, respondent No. 1 was married to the petitioner on 25th of April 1983. Miss Deepam was born to her on 20th January 1984 but as misfortune would have it, Smt. Meenakshi Ahuja died on 28th January 1984 leaving behind her husband and her infant daughter as her only legal heirs. The case of the petitioner is that in order to show sympathy within the respondents shifted to his residence at 1-B/15, Ramesh Nagar, New Delhi, on 10th February 1984. They were earlier residing at 169-D, Kamla Nagar. The petitioner s mother, who was staying with his (petitioner























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