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1977 Supreme(MP) 16

N.C.DWIVEDI, C.P.SEN
USHA DEVI – Appellant
Versus
KAILASH NARAIN DIXIT – Respondent


Advocates Appeared:
FAKHRUDDIN, J.P.Gupta, M.A.Khan, R.K.VARMA

DWIVEDI, J.

( 1 ) THIS is a petition by the two petitioners Shrimati Usha Devi Dixit and raviprakash Dixit, mother and father respectively, for a writ of habeas corpus directing the respondents to produce their son Manish Dixit alias Babloo aged about 41/2 years and for his custody to them.

( 2 ) THE petitioners' case is this: They were married according to Hindu rites at kanpur on 3-7-1971. Out of their wedlock, Manish Dixit was born on 17-6-1972 equivalent Citation: and was living with the petitioners. Respondents 1 and 2 are the father and uncle of petitioner No. 2 who is living separate from them since 1967. The petitioners are living with Reva-shanker Dixit at Sehora since 20-6-1967. On 811- 1976, at 8. 30 p. m. , the respondents, armed with lathis, entered inside the house of the petitioners and forcibly took away their son Manish Dixit alias babloo in spite of their protests and against their wishes. Since then, their minor son is living with the respondents. The petitioners approached the police and the Sub-Divisional Magistrate, but to no effect. The petitioners are the legal and natural guardians of the minor son and his welfare would be adversely affected if he is allowe


































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