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2021 Supreme(All) 220

YOGENDRA KUMAR SRIVASTAVA
Krishnakant Pandey (Corpus) – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For The Appellant : Kuldeep Singh,Vipin Vinod
For The Respondent: G.A.

JUDGMENT :

Dr. Yogendra Kumar Srivastava, J.

1. Heard Sri Kuldeep Singh, learned counsel for the petitioners and Sri Arvind Kumar, learned AGA for the Staterespondents.

2. By mean of the present petition the petitioner no.3 stating himself to be the father of petitioner nos. 1 and 2 (minor children of age about 9 and 7 years respectively), has sought to assert that the two children are in illegal custody of Respondent No.4, who is their mother.

3. The principal grievance which is sought to be raised by the counsel for the petitioners is with regard to the custody of two minor children and a claim for grant of visitation rights. Proceedings under Section 12 of the Domestic Violence Act and Section 125 Cr.P.C. initiated by the Respondent No.4 are also stated to be pending. An FIR under Sections 498A, 323, 504, 506, 392 IPC and 3/4 of Dowry Prohibition Act is stated to have been lodged by the respondent no. 4 which was registered as Case Crime No. 399 of 2013 and the criminal case is said to be pending.

4. As per the pleadings in the petition the Respondent No.4 (wife) left her matrimonial home on 15.07.2013 on account of a matrimonial discord and a petition under Section 9 of the Hindu Ma

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