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2008 Supreme(P&H) 1966

M.M.S.BEDI
Gippy Arora – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Petitioner:Mr. Atul Lakhanpal, Senior Advocate with Mr. Madan Sandhu, Advocate.
For the Respondent: Mr. A.D.S. Rai, AAG, Punjab and P.S. Sidhu, Addl. A.G. Punjab.
For the Respondent No. 2:Mr. Prabhjeet Jauhar, Advocate.

JUDGMENT

Mr. M.M.S. Bedi, J.: - Petitioner through this habeas corpus petition has sought the production of her minor son-Master Dasasya Singh and his release from the custody of respondents No. 2 to 4 on the ground that the child has been removed from the lawful custody of the petitioner by practicing fraud and deceit pursuant to a well planned conspiracy and has been forcibly detained. As per the averments in the petition, the marriage of the petitioner was performed with respondent No.2 on October 17, 2003 at Amritsar. Respondents No.2 and 3, however, have turned her out from her matrimonial home in October 2004 while she was expecting delivery within two months. The petitioner gave birth to a male child-Master Dasasya Singh on May 15, 2005 at Amritsar at her parental home. Respondents came to see the child after five months after the birth. Matter was compromised and she was taken back to the matrimonial home. On the day of Diwali in 2007 petitioner alongwith her child was again turned out of the house. Petitioner claims that she has been staying with her son at Amritsar. Respondent No.4, the father-in-law of the petitioner is a retired Additional Director General of Police and










































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