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2022 Supreme(Guj) 691

SONIA GOKANI, NIRZAR S.DESAI
Sapna Gehlot W/o Devendra Singh Gehlot Thru Poa Kuldeep Singh Chauhan – Appellant
Versus
State of Gujarat. – Respondent


Advocates Appeared:
For the Applicant : Mr. Karmendra Singh with Mr. Bhuvnesh Gahlot.
For the Respondent: Mr. Ashish B. Desai, Ms. Jirga Jhaveri, Addl. Public Prosecutor.

JUDGMENT :

Sonia Gokani, J.

1. By way of the present petition under Article 226 of the Constitution of India the petitioner-mother is praying for the writ of habeas corpus by urging to this Court to produce her minor children namely Leon Gillian Singh Gehlot, Paurush Singh Gehlot and Thaarun Singh Gehlot. Minor children and mother are all citizens of New Zealand and father has a status of permanent resident of New-Zealand. The petitioner seeks an order of return of minor children in consonance with the guardianship order dated 04.10.2019 passed by the High Court of New Zealand in SG vs. GSG, (2019) NZHC 2523 and other order dated 11.10.2019 on the ground that the children’s removal and retention in India by the respondent Nos.2, 3 and 4 is completely illegal and wrong.

Factual Matrix:

2. The facts which led to the present petition are in a capsulized form produced hereinafter :

2.1 The petitioner married respondent No.2 on 16.05.2010. Out of their wedlock three children begotten, who at the time of preferring this petition were 2 years and 11 months (twins Tarun Singh and Paurush Singh) in the year 2017 when she was moved an application. The children were born in New Zealand. The respon

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