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2016 Supreme(Del) 1846

G.S.SISTANI, SANGITA DHINGRA SEHGAL
SHILPI GUPTA – Appellant
Versus
UNION OF INDIA – Respondent


Advocate Appeared:
Mr.Gurinder Pal Singh with Mr. Sidharth Borah, Advocates
Ms.Shiva Lakshmi, CGSC with Mr. Arindam Dey and Mr. Udit Grover, Advocates for UOI/respondent no.1.
Mr.Rahul Mehra, Standing Counsel with Mr.Amrit Singh, Advocate for the State/respondents no.2 and 3 along with Inspector Mukesh Tyagi, SHO and SI Sunny, P.S. Rani Bagh.
Mr.Vinod Khera, Advocate for respondent no.4.

JUDGMENT :

G.S.SISTANI, J.

1. Present petition has been filed by the petitioner under Article 226 of the Constitution of India seeking an appropriate writ in the nature of habeas corpus thereby directing respondents no.1 to 5 to produce her elder son, Master Aadvik, and hand over his custody to the petitioner. Since Master Aadvik is alleged to have been illegally detained by respondent no.4 (husband of the petitioner), a direction is also sought to the respondent authorities to take appropriate action against respondent no.4.

2. Notice in this petition was issued on 29.3.2016. Pleadings are complete in this matter. With the consent of the counsel for the parties, present writ petition is set down for final hearing and disposal.

3. The necessary facts, to be noticed for disposal of this writ petition, are that on 20.1.2010 marriage between the petitioner and respondent no.4 was solemnized in accordance with Hindu rites and ceremonies at New Delhi. After the marriage, the petitioner and her husband (respondent no.4 herein) moved to the United States of America as respondent no.4 was already residing in America and was gainfully employed there much prior to the marriage and he wished to f





















































































































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