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2019 Supreme(Raj) 2705

MOHAMMAD RAFIQ, GOVERDHAN BARDHAR
Naveen Sharma – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Rose Marry Raju with O.P. Mishra, Ms. Neelam Sharma, Advocates, for the Appellants; Suruchi Kasliwal with Abhas Choudhary, Ms. Aaradhana Gupta and Ms. Dhanishtha Mukhiya, Advocates, for the Respondents

JUDGMENT

Mohammad Rafiq, J. - All the three matters raise the dispute between the same parties, therefore, they are being decided by this common judgment.

2. D.B. Habeas Corpus Petition No.106/2015 has been filed by the petitioner-husband praying for issue of a writ of habeas corpus directing respondent no.2 Meenal Bhargav alias Sharma to produce before the court the minor child Pranav Sharma, permanent resident of Canada and a citizen of U.S., (whose date of birth is 22.08.2009) and cause his return along with the respondent no.2 to the jurisdiction of the Court of Canada in compliance of the orders dated 02.04.2015 and 16.04.2015 passed by the Superior Court of Justice, Family Court Hamilton, Ontario in File No.3173/2014 to enable him (the minor child) to go back to Canada and upon her failure to do so, the respondent no.2 be directed to handover the custody of the minor child Pranav Sharma to the petitioner to enable him to take the minor child Pranav Sharma back to the jurisdiction of Ontario Court, Canada. Further prayer is made for a direction to the respondent no.2 to handover the requisite documents such as PIO card and passport and other travel documents of the minor child P

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