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1975 Supreme(MP) 136

A.P.SEN, R.K.TANKHA
SMT. VEENA AGRAWAL – Appellant
Versus
SHRI PRAHLAD DAS AGARWAL – Respondent


Advocates Appeared:
R.N.Rai, R.P.Agarwalla

TANKHA, J.

( 1 ) THIS is a petition, under Article 226 of the Constitution for issue of a writ in the nature of a habeas corpus for production of the newly born male child in court and a direction for giving custody of the same to the petitioner.

( 2 ) THE facts leading to the present petition are that the petitioner, Smt. Veena agarwal, aged 24 years, is M. A. in Hindi and is the daughter of Shri Amar-nath, who is Officer inoharge of the Punjab National Bank drawing a salary of Rs. 1500. 00 per month, She was married to the respondent, Prahlad Das Agarwal on 28-1-1973, who is at present a lecturer in P, G. Degree College, Satna. Thus, it is clear that the petitioner and her husband belong to respectable families. The male child whose custody is sought was born to the petitioner on 29-5-1975 at Satna. On 6-6-1975, serious difference arose between the husband and wife and according to the petitioner after giving a 'beating by her husband she was driven out from the house and the infant child was snatched from her custody by her husband. The petitioner went to the house of her parents at Parikshatgarh where her father is at present posted. According to the petitioner, she again joine











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