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1997 Supreme(P&H) 1286

K.S.KUMARAN
Om Pati – Appellant
Versus
Suraj Bhan Nandal – Respondent


Judgment

1. Mrs. Om Pati has approached this Court under Art. 226 of the Constitution of India for the issuance of the writ of habeas corpus against the respondents-herein, who are the grandfather and grandmother of the minor, for the production of the said minor and to pass appropriate orders for the the custody of the minor.

2. Petitioner Om Pati was married to Ram Niwas on 16-3-1986 and Kiran alias Monu was born to them on 26-12-1988. Ram Niwas had died even on 15-9-1988, and after his death the petitioner was living with the family of the respondents till she married the cousin of her deceased husband. According to the petitioner at the time of her second marriage, she insisted that she will take her daughter along with her but the respondents No. 1 and 2 convinced her that she can do so after sometime. Accoriding to the petitioner in spite of several attempts made by her including panchayats and a notice, the respondents 1 and 2 are detaining her daughter in illegal custody. According to the petitioner, her daughter is aged about 8 years.

3. In response to the notice issued, the respondents have filed reply alleging that the child has been living with them since July 1989, that














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