ORDER :- This Habeas Corpus petition is by Smt. Imtiaz Bano claiming custody of her two infant sons from Masood Ahmad Jafri and his parents Shafiq Ahmad and Smt. Balun.

2. The admitted facts are that the contesting parties are Mohammedans governed by the Hanafi Law. Petitioner Smt. Imtiaz Bano was married to Masood Ahmad Jafri, respondent No. 1, on 14th July 1967 and out of this wedlock three sons were born to them. The youngest son died, but the other two sons, namely, Tariq Shafiq and Tahir Shafiq born on 1-12-73 and 21-12-75, respectively, are alive and at the time of the filing of this petition they were aged about 5 and 3 years, respectively. The relations between the husband Masood Ahmad Jafri and his wife Smt. Imtiaz Bano got strained and the petitioner Smt. Imtiaz Bano has been divorced by Masood Ahmad Jafri, respondent No. 1 who has taken a second wife. The assertion of the second marriage by Masood Ahmad Jafri as contained in para 17 of the affidavit of Smt. Imtiaz Bano has not been specifically denied by Masood Ahmad Jafri in his counter-affidavit, and in para 16 of the counter-affidavit a vain effort has been made to deny specifically the fact of second marriage. However

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