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2008 Supreme(Del) 395

MUKUL MUDGAL, REVA KHETRAPAL
Sheela – Appellant
Versus
State NCT of Delhi – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: M.K. Singh, Adv.
For Respondents/Defendant: Mukta Gupta, Standing Counsel and J.N. Verma, Adv. for R-2

JUDGMENT

Reva Khetrapal, J.

1. In this writ petition, the petitioner prays for the issuance of a writ of habeas corpus directing the respondent No. 2 to produce the son of the petitioner, Rohit, aged about four years and to hand over the custody of the said child to the petitioner. A writ of mandamus or any other writ or direction to the respondent No. 1 to register an FIR against the respondent No. 2 is also prayed for.

2. On issuance of notice to the respondents, the respondent No. 2 "husband appeared in person and by an order dated August 21, 2007 was directed to hand over the custody of the child to the petitioner" mother in the Court. The petitioner was, however, directed to bring the child on the following day to the Court, that is, on 22nd August, 2007. On the said date, an order was passed by a Division Bench of this Court, which reads as under:

Husband of the petitioner is present in the Court and he undertakes to take his wife and son to his place of work from Delhi. They shall live together as husband and wife and report to this Court on the next date. The father of the petitioner Sh. Roop Singh Sajwan and father of respondent no.2 shall give their undertakings of the go













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