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1996 Supreme(P&H) 97

V.K.JHANJI
Dalip Kaur – Appellant
Versus
S. S. P. Moga – Respondent


Judgment

V.K.Jhanji, J.

1. In this writ petition for Habeaus corpus, prayer made is for directing respondent No. 3 to produce the child before this Court and custody of the child be restored to the petitioners who are her guardians.

2. Ms. Monika Gill, a minor aged 12-1/2 years is daughter of Udham Singh who is son of Dalip Kaur petitioner No. 1, and real brother of petitioner No. 2. The mother of the child is Preet Kamal who was married to Udham Singh. They were married in the year, 1980 and Monika Gill was born out of the wed-lock on 15.4.1983. The child having been born in U.S.A. is an American citizen and is holder of passport issued in U.S.A. The father of the minor was earlier married to one Shavinder Kaur and out of that marriage, three daughters were born. After divorcing Shavinder Kaur, Udham Singh married the mother of the minor. He divorced mother of the minor in the year, 1985 and again got married to his first wife namely Shavinder Kaur. Three daughters from the first marriage are married; two of them are settled in United States whereas the third one is settled in India with her husband. Monika Gill for the first time came to India when she was seven months old and spe






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