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2021 Supreme(All) 944

Reshu @ Nitya – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Rajeev Sawhney,Rajiv Lochan Shukla,Ramanuj Yadav,Virendra Kumar Yadav
For the Respondent:G. A.,Abhinav Gaur,Ankur Verma, Manoj Kumar Rajvanshi, Prakash Chandra Yadav

JUDGMENT :

1. Heard Sri M.D.Mishra along with Sri Ramanuj Yadav, learned counsel for the petitioners, Sri Vinod Kant, learned Additional Advocate General, appearing along with Ms. Sushma Soni, learned Additional Government Advocate for the State respondents and Sri Anoop Trivedi, learned Senior Counsel assisted by Sri Ankur Verma, learned counsel for respondent no. 4.

2. The present habeas corpus petition was initially filed by the paternal grandparents, arrayed as petitioner nos. 2 and 3, seeking custody of the petitioner no. 1, corpus, a minor child stated to be of age about 19 months at that point of time, who was said to be with the respondent no. 4, her maternal grandfather.

3. The pleadings in the petition are indicative of the fact that the petitioner no.1, corpus, was born on 04.06.2018 from the wedlock of the son of the petitioner nos. 3 and 4 and the daughter of respondent no. 4. It is stated that the mother of the petitioner no. 1 was seriously ill, thereafter she along with the petitioner no. 1 went away along with the respondent no. 4 for medical treatment and subsequently she died on 31.07.2019 due to acute cardiac respiratory arrest and after her death the petitioner no

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