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2024 Supreme(All) 680

YOGENDRA KUMAR SRIVASTAVA
Javeriya Fatma – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Farhan Alam, Yash Raj Verma.

JUDGMENT :

YOGENDRA KUMAR SRIVASTAVA, J.

1. Heard Sri Yash Raj Verma, learned counsel for the petitioners and Sri Pankaj Saxena, learned AGA-I appearing for the State-respondents.

2. The petitioner no. 2, asserting himself to be the father of the petitioner no. 1 (corpus), a minor girl child of age about seven months, has filed the present petition seeking a writ of habeas corpus by asserting that the petitioner no. 1 (corpus), is in illegal custody of the respondent nos.4, 5 and 6.

3. Pleadings in the petition indicate that the petitioner no. 1 (corpus), was born on 05.06.2023, and soon thereafter her mother passed away on 14.06.2023. The petitioner no. 2, father of the petitioner no. 1, permitted his in-laws to retain the custody of the newly born infant.

4. It is contended that some time in the month of September, 2023 when the petitioner no. 2 requested his in-laws to return the minor child, they refused to do so. It is sought to be asserted that the respondent nos. 4, 5 and 6 are illegally detaining the petitioner no. 1 (corpus), a girl child, stated to be presently of age about eleven months.

5. The present petition has been filed seeking a writ of habeas corpus for release of the

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