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2022 Supreme(Guj) 688

SONIA GOKANI, MAUNA M.BHATT
Swaminathan Kunchu Acharya – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
MR. KULDEEP D. VAIDYA, MR ZUBIN BHARDA, MS JIRGA JHAVERI Adv

JUDGMENT :

MAUNA M. BHATT, J.

1. Rule returnable forthwith, Learned APP waives service of rule on behalf of Respondent-State and Learned Advocate Mr. K.I. Kazi waives service of rule on behalf of private Respondent Nos. 4 and 6.

2. This petition under Article 226 of Constitution of India is filed seeking writ of habeas Corpus or writ in the nature of habeas Corpus for production of Corpus-Pranav Rajesh Acharya, aged 5 years (Date of Birth: 14.06.2016).

3. Factual Aspect:

3.1. Petitioner herein is the parental grandfather of the Corpus, Respondent No. 3 is the maternal uncle, Respondent No. 4 is the maternal aunt, Respondent No. 5 is the Corpus and Respondent No. 6 is the maternal grandfather.

3.2 Mother of Corpus, Rakhi Suryavanshi and father of Corpus, Rajesh Acharya got married in the year 2011. We have been given to understand that it was a love marriage. After marriage, both were working and residing in Ahmedabad. The certificate of marriage dated 28.01.2011 is on record. Out of the wedlock, Corpus-Pranav Acharya was born on 14.06.2016. The Corpus and his parents were staying happily. Unfortunately, during the 2nd wave of COVID-19 in Gujarat, both father and mother of the Corpus cont

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