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2021 Supreme(All) 1604

GAUTAM CHOWDHARY
Master Abeer Tyagi – Appellant
Versus
Varun Tyagi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Prabhav Srivastava.
For the Respondents: Sumit Daga, A.C. Srivastava.

JUDGMENT :

Gautam Chowdhary, J.

1. Heard learned counsel for the petitioner, Sri Pankaj Srivastava, Sri C.B. Singh, Sri Madnesh Prakash, learned A.G.A. for the State and Sri Sumit Daga, learned counsel for the opposite parties no. 1, 2 and 3 and perused the record.

2. This petition has been filed with a prayer to issue a writ in the nature of habeas corpus directing and commanding the respondents to produce the corpus (petitioner No. 1) from unlawful, astonishingly harmful an illegal custody of Respondent No. 1, 2 and 3 and set him liberty with his mother.

3. From the perusal of the Paragraph No. 24 of the Habeas Corpus writ petition it transpires that the matter is already pending before the appropriate Court for redressal of ward custody, which is quoted below:

    "That thereafter, the mother/legal guardian of the petitioner also filed an application on 26/8/2020, under section 6 of the Hindu Minority and Guardianship Act, 1956 read with Section 7 and 25 of the Guardians and Wards Act, 1890 seeking custody of the Petitioner before Family Court, Ghaziabad. The mother/legal guardian has also been threatened for life by Respondent No. 1, 2 and 3 and as mentioned above on 25.4.2020, has also

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