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2023 Supreme(P&H) 2978

N. S. SHEKHAWAT
Ravi Ranga Nathan – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
Mr. Sanjeev Sharma, Sr. Advocate with Mr. Vikram Vir Sharda, Advocate and Mr. Sandeep Singh, Advocate and Mr. Jugansh Goyal, Advocate; For the Petitioner
For the Respondent: Mr. Rajinder Kumar, DAG, Haryana.
Mr. R.S. Rai, Sr. Advocate with Mr. Ankur Mahinder, Mr. R.D. Gupta, Mr. Rohan Taneja and Ms. Rubeena Virmani, Advocates; For the Appellant-Respondent No.5.

JUDGMENT

Mr. N.S.Shekhawat, J. (Oral)

The petitioner has filed the present petition under Articles 226/227 of the Constitution of India with a prayer to issue a writ in the nature of Habeas Corpus, to protect the life and liberty of Tarini Vijaya Nathan (hereinafter to be referred as 'Tarini' ), daughter of the petitioner from forced/illegal custody of respondent No. 5, who has been confined at the present address of respondent No. 5.

2. Learned senior counsel for the petitioner contends that the petitioner is a citizen of United States of America and is a non-resident Indian. He is also an Overseas Citizen of India as per Section 7-A of CITIZENSHIP ACT 1955. The petitioner has been living in United States of America since April 1970 and is working as Associate Consultant for TCS under contract, whereas respondent No. 5, who is the wife of the petitioner is not working. As per the petitioner, he got married to Ms. Sanjana Chauhan, respondent No. 5, who was resident of Philadelphia, Pennsylvania, USA on 25.08.2010 under the Civil Law of State of Philadeplphia, Pennsylvania. As per the petitioner, the petitioner and respondent No. 5 were not married as per the provisions of any Indian

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