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1981 Supreme(Mad) 511

NATARAJAN, MAHESWARAN
Dr. K. M. R. Sultan Akbarsha – Appellant
Versus
Sultanasofia Begum and Others – Respondent


Advocates Appeared:S. Pichai, M/s. G. Subramanian, R. Thiagarajan, B. T. Seshadri, Advocates.

Judgment :-

This petition under Article 226 of the Constitution of India has been file by the petitioner for the issue of a writ of habeas corpus for directing the first respondent herein to produce the body of the petitioner's minor son, Sultan Arafsha Anwar alias Perosha before court and for his being set at liberty by his custody being handed over to the natural guardian, viz, the petitioner himself. This first respondent is the daughter of one S. M. Mohamed Miskeen, a Chartered Accountant of Tiruvarur, Thanjavur district. She was given in marriage to the petitioner who is none other than her paternal uncle's son, on 29-8-1974. In about a year's time the minor son Sultan Arafsha Anwar alias Perosha (hereinafter referred to as Perosha) was born to them. There were differences of opinion between the petitioner and the first respondent, and eventually, it was found that they could not lead life together as man and wife. The first respondent came away with the child to her father's house and was living with her parents. Certain moves of the petitioner made the first respondent apprehend that the petitioner was likely to snatch away the child from her. Hence she filed a petition O.P.



















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