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1995 Supreme(Guj) 387

K.J.VAIDYA, K.R.VYAS
CHETNABEN – Appellant
Versus
STATE – Respondent


Advocates Appeared: D.N.Patel, J.V.JAPI, R.C.Jani

K. J. VAIDYA, J.

( 1 ) UNMARRIED Chetnaben @ Artiben, by this petition under art. 226 of the Constitution of India has moved this Court, inter alia praying for issuance of the writ of Habeas Corpus in particular against the respondent No. 3 mistry Ganpatbhai Bakshiram who happens to be her father directing him to produce before this Court her minor son Ravi (seven months old) born out of extra-marital relationship with one Vithal and hand over his possession to her.

( 2 ) ON going through the petition, in substance the petitioner has narrated her history with regard to her coming into contact with one Vithalbhai Panchal; who though married was deserted by his wife, and about her subsequent companionship with him and out of the said relationship giving birth to illegitimate son Ravi on 29-1-1995 at Ahmedabad. In the petition, she has also further narrated about the harassment meted out to her and her companion Vithal by the respondent No. 3 and how ultimately after the birth of Ravi he forcibly took him away from her. Further still, according to the petitioner though she had repeatedly entreated her father to give back her son Ravi, but that was all in vain. It is under these compell










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