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2024 Supreme(Raj) 700

MANINDRA MOHAN SHRIVASTAVA, SHUBHA MEHTA
Pratyush Shastri, S/o. Sh. Madan Lal Shastri – Appellant
Versus
State Of Rajasthan, Through Secretary, Home Department, Govt. Of Rajasthan, Secretariat, Jaipur – Respondent


Advocates Appeared:
For the Petitioner:Mr. V.R. Bajwa, Senior Advocate assisted by Mr. Tarun Agarwal Adv.
For the Respondents:Mr. Pratush Choudhary Advocate with Mr. Hitanshu Joshi Advocate on behalf of Mr. Deepak Chauhan, Adv., Mr. Nasir Ali Naqvi, Addl. Adv. General assisted by Mr. Hakam Ali Adv.

ORDER :

(Manindra Mohan Shrivastava, CJ.) :

Factual matrix of the case:-

1. This Habeas Corpus Petition under Article 226 of the Constitution of India has been preferred by the father of the minor son seeking issuance of writ of habeas corpus for protection as also for custody of the minor son on the allegation of the minor being in illegal custody and detention of Respondent No.5, the maternal grandfather and Respondent No.6, the mother.

2. The petitioner-husband, in his petition has pleaded inter alia that his marriage with Respondent No.6 was solemnized on 15.02.2015 at Indore. After few days, the petitioner and Respondent No.6-wife/mother decided to move to Dubai where the petitioner was already working. From their wedlock, while the parties were residing at Dubai, a son was born on 23.06.2017 at Dubai. The mother of the child travelled to Jaipur from Dubai on 09.08.2017 and stayed there until she again came back. Further pleading reveals various events leading to differences and disputes, disturbing peace of married life. Respondent No. 6 again came to India along with minor son in the month of March, 2022. However, in a sudden turn of events, Respondent No.6 started making alleg

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