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1989 Supreme(P&H) 767

S.S.DEWAN
Amita Gautam – Appellant
Versus
Ramesh Gautam – Respondent


Judgment

1. This is a petition by mother for issuance of a writ of habeas corpus for the custody of her minor son Mandeep Gautam alias Michael aged about five years, who is for the time being in custody of respondents Nos.1 to 3.

2. The facts relevant as emerging from the pleadings of the parties may be taken note of :-

"the petitioner Mrs. Amita Gautam was married to Sandeep Gautam (respondent No.3) in India on 12th December, 1982. The child whose custody is sought, was born to the couple on 10th October, 1984, in Calgary, Alberta, Canada. It is alleged in the petition that in the month of March, 1985, the petitioner was duped by the husband Sandeep Gautam by telling her that his ailing mother wanted to see the petitioners son and then they both alongwith the child came to India and after about two months of miserable period of stay at the respondents house at Nawan Shehar, in/around May, 1985, she had to leave for Canada without her child and that her husband had played fraud on her as be failed to fulfil his undertaking given at the time when the child was retained by the grand-parents that the former would be brought to Canada alongwith the father. Unfortunate differences having












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