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2018 Supreme(Del) 721

VIPIN SANGHI, P.S.TEJI
KIRAN LOHIA – Appellant
Versus
STATE GOVT OF NCT OF DELHI – Respondent


Advocate Appeared:
For the Appellant :Ms. Malavika Rajkotia, Ms. Rytim Vohra and Ms. Akriti Tyagi, Advocates
For the Respondent:Mr. Rahul Mehra, Standing Counsel, GNCTD with SI Amit S, PS – Vasant Vihar Ms. Kamini Jaiswal, Advocate with Mr. Sanjeev Sharma, Advocate Ms. Nivedita Sharma and Ms. Palak Mishra, Advocate

JUDGMENT :

VIPIN SANGHI, J.

1. The petitioner has preferred the present writ petition to seek a writ of habeas corpus commanding the respondents to produce her minor daughter in the Court and to set her at liberty into the custody of the petitioner. The petition is directed primarily against her husband who is impleaded as respondent No. 4.

GIST OF PROCEEDINGS

2. In the petition as originally filed, the petitioner had also impleaded Mr. Ajey Lohia, father of respondent No. 4, as respondent No.5. The reason for impleadment of respondent No. 5 as a party respondent was that at the time of filing of the writ petition (which was filed initially on 31.01.2018), the minor daughter of the petitioner and respondent no.4 – Baby Raina, was with respondent No.5 and his wife at Dubai, while the petitioner and respondent no. 4 were in India. In terms of this Court’s order dt. 08.02.2018, Baby Raina was brought from Dubai to Delhi and then she was in the custody of respondent No.4. Consequently, vide order dated 19.02.2018, respondent No. 5 Ajey Lohia was deleted from the array of parties, on his own request.

3. On 05.03.2018, we interacted with the petitioner and respondent No.4 in Chamber. It was m




































































































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