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2021 Supreme(All) 229

J. J. MUNIR
Gyanmati Kushwaha – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For The Appellant : Azad Khan,Mohini Jaiswal
For The Respondent: G.A.,Ali Hasan,Fakhruzzaman,Om Prakash,Fakhra Uz Jama

JUDGMENT :

J.J. Munir,J.

1. This petition for a writ of habeas corpus has been instituted by the first petitioner, Gyanmati Kushwaha, asking that her minor daughter, Drisha Kushwaha, aged about two years, be ordered to be produced before this Court from the custody of respondent no. 5, Kamal Kushwaha, and emancipated therefrom in the manner that she be entrusted into the care and custody of the first petitioner, her mother.

2. Pending admission, by an order dated 12.02.2020, Suresh Kushwaha was ordered to be impleaded as respondent no. 6, inasmuch as it transpired from an order passed by the City Magistrate dated 20.11.2019 that the minor, Drisha, petitioner no. 2 was in the former’s custody, who is Drisha’s grandfather (paternal). He was, accordingly, impleaded as respondent no. 6.

3. This petition was admitted to hearing vide order dated 24.09.2020, and a rule nisi was issued, ordering Drisha Kushwaha, the minor, to be produced on 08.10.2020. On the date of return, a counter affidavit was filed on behalf of respondent no. 6, to which a rejoinder affidavit was filed too, in Court. On that day, Drisha’s mother, Gyanmati Kushwaha, the first petitioner, her grandfather Suresh Kushwaha, t

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