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2021 Supreme(All) 1245

Sushil Kumar Tiwari – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Maqsood Ahmad Beg, Naiyar Masroof Siddiqui

JUDGMENT :

1. Heard Sri Maqsood Ahmad Beg, learned counsel for the petitioners and Sri Vinod Kant, learned Additional Advocate General assisted by Sri Arvind Kumar, learned Additional Government Advocate appearing for the State respondents.

2. The petitioner no.1 asserting himself to be the father of the petitioner no. 2-corpus, has filed the present habeas corpus petition alleging that the corpus is under illegal custody of his mother-respondent no.4.

3. Pleadings in the petition are to the effect that the marriage of petitioner no. 1 was solemnized with respondent no. 4 on 09.06.2010 and the petitioner no. 2 was born on 23.08.2015 and that the petitioner no. 1 and the respondent no. 4 are living separately for the past several years. It is averred that the petitioner no. 1 has filed a divorce petition and the respondent no. 4 has also instituted certain legal proceedings against the petitioner no. 1. An application stated to have been filed before the local police authorities some time in the year 2020, has been appended along with the petition wherein it is stated that the petitioner-corpus (stated to be of age about five years at that point of time) had been taken away by his moth

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