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2019 Supreme(All) 2318

MOHD.FAIZ ALAM KHAN
Amyra Dwivedi – Appellant
Versus
Abhinav Dwivedi – Respondent


Advocates Appeared:
For the Appellant : Brij Mohan Sahai and Rakesh Pratap Singh.
For the Respondents: G.A., Ambrish Kumar Dwivedi and Dhirendra Kumar Sharma.

ORDER :

Mohd. Faiz Alam Khan, J.

1. This habeas corpus petition has been moved by the petitioner-Smt. Pooja Sharma Dwivedi acting as the mother and next friend of Km. Amyra Dwivedi aged about 3 1/2 years requesting this Court to issue a writ of habeas corpus directing opposite party No. 1 for restoring the custody of the corpus to the petitioner as she is the natural mother of the corpus.

2. The petitioner in her petition has stated that the marriage of opposite party No.1 (her husband) was solemnize with her on 11.02.2012 and out of this wedlock the corpus was born on 06.02.2015. Opposite party No.1 is in hotel industry and after completing his course, he got employment in Taj Groups of Hotel at Lucknow. After few months he left the job and join another hotel at Pune, from where also he left the job and again join at Gurgaon and thereafter he did job at various places till he got a job at Dubai (U.A.E.), where he remained till June 2017. She further stated in her petition that she has also done a master course in business administration and before marriage, she was employed with a reputed company and receiving handsome salary and she is likely to join a service with handsome salary.

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