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2016 Supreme(Del) 2309

G.S.SISTANI, SANGITA DHINGRA SEHGAL
ANAND RAGHAVAN – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
For the Petitioner:Mr. Prabhjit Jauhar with Ms. Aakriti Dawar, Advocates.
For the Respondent:Mr. Rahul Mehra, Standing Counsel, Mr. Amrit Singh, Ms. Malvika Rajkotia, Ms. Arpita Rai, Advocates for the State along with SI Amit Sharma, P.S. Sarita Vihar.

JUDGMENT :

G.S. SISTANI, J.

1. Petitioner has filed the present writ petition under Article 226 of the Constitution of India. Petitioner seeks issuance of a writ in the nature of habeas corpus for production of his minor daughter Nethra who has been illegally and unlawfully removed from the custody of the petitioner from the United Kingdom (UK).

2. Petitioner is the father and the natural guardian of Nethra who is six years of age. As per the petition, the petitioner is a UK citizen and holds a British Passport. The petitioner came to UK in the year 2003 as a student and since 2005 he has been working in UK Petitioner married respondent no.2 on 30.11.2006 through a registered marriage and a formal wedding ceremony took place on 22.01.2007. Petitioner and respondent no.2 thereafter travelled to UK on 30.01.2007 with the intention to live in the UK permanently. Respondent no.2 was granted permanent residency and indefinite leave to remain in UK on 05.05.2010. The petitioner claims that respondent no.2 is a Masters in Communication, has a vast work experience in India and had a regular employment in UK from March, 2008 to June, 2010 with Media Reach Advertising Company, UK During her emp




























































































































































































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