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1981 Supreme(All) 225

K.N.SETH, K.C.AGRAWAL
Vinayak Goyal – Appellant
Versus
Prem Prakash Goyal – Respondent


Advocates Appeared:
Manju Goel, R.P. Goyal

Judgment

K.C. Agrawal, J.

1. THIS is a petition under Article 226 of the Constitution filed by Vinayak Goyal through his mother Smt. Manju Goyal, wife of Sudhakar Goyal. Smt. Manju Goyal was married in 1971 to Sudhakar Goyal, son of respondents Nos. 1 and 7. Prem Prakash Goyal and Smt. Sheela Rani Goyal. One son, the petitioner Vinayak Goyal, and two daughters were born to them. Sudhakar Goyal died in February 1979. At the time of his death, Sudhakar Goyal was posted at Uttar Kashi as Executive Engineer. After his death, Smt. Manju Goyal along with the petitioner and her two daughters returned to respondents 1 and 2, her in-laws, at Ghaziabad. Since then, she had been living along with her children with them.

2. THE present petition under Article 226 of the Constitution for a Writ of Habeas Corpus commanding the respondents to produce the petitioner Vinayak Goyal and to direct them to hand over his custody to Smt. Manju Goyal was filed on 28-4-1981, on the allegations that Smt. Manju Goyal, the mother of the petitioner, had to leave the respondents' house on account of the mental torture meted out to her by Respondents 1 and 2. THE allegation made further was that the petitioner was

























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