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2016 Supreme(All) 1529

PRATYUSH KUMAR
ALI AZHAR – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Syed Shahnawaz Shah for the Petitioners; A.G.A. and Sudhir Kumar Kesarwani for the Respondents.

JUDGMENT

Hon’ble Pratyush Kumar, J.—Heard Sri S.S. Shah, Advocate learned counsel appearing for the petitioners and Sri Sudhir kumar Kesarwani, Advocate learned counsel appearing for the respondent No. 4 and learned AGA for the State.

2. On behalf of the petitioners a supplementary-affidavit has been filed and is taken on record.

3. By the instant petition petitioner No. 1, who happens to be biological father of petitioner No. 2 her minor male child aged about 10 years, seeks change of custody of the minor from respondent No. 4, who happens to be mother of the minor, to himself on the ground that petitioner No. 1 and respondent No. 4 were married and on 3rd June, 006 petitioner No. 2 was born out of their wedlock. Respondent No. 4 was rude to petitioner No. 1 and had illicit relation with one Abdullaha. She left the house and her child. Thereafter she instituted criminal cases against the petitioner No. 1. She filed a writ of habeas corpus before this Court wherein vide order dated 26th September, 2011, copy whereof is annexure-5 to the supporting affidavit, respondent No. 4 was granted visitation right alongwith custody of minor for two days in each weak, Saturday and Sunday. Accor





















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