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2023 Supreme(All) 861

SUNITA AGARWAL, VIKAS BUDHWAR
Aqib Alias Prince – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Akhand Pratap Tripathi
For the Respondent: C.S.C., Sudhanshu Kumar Mishra

JUDGMENT :

This intra-court appeal is directed against the order of the learned Single Judge in habeas corpus writ petition filed by the mother of the child aged about two and a half years, directing to handover the custody of the corpus (minor female child) to the petitioner namely mother of the child.

2. There is no dispute about the fact that a female child named as Baby Amaryra @ Inaya was born was 23.7.2020 out of the wedlock. There was some matrimonial dispute going on between the parties and the petitioner namely the mother of the child was living in her paternal house prior to the birth of the child. It is also an admitted fact that the minor girl child was removed from the custody of mother on 11.12.2022, though it is sought to be submitted by the learned counsel for the appellant namely the father of the child that the mother of the child namely the petitioner had willingly given custody of the minor girl child to the appellant. Various allegations are sought to be made against the petitioner namely the mother of the child stating that she was not in a position to take care of the minor girl child. The child was not living with the mother rather she was left to be looked af

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