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1986 Supreme(MP) 38

T.N.SINGH, RAM PAL SINGH
MUMTAZ BEGUM – Appellant
Versus
MUBARAK HUSSAIN – Respondent


Advocates Appeared:
A.B.MISHRA, B.G.Apte

T. N. SINGH, J.

( 1 ) PAPPU is a sweet child, aged about four years, living today with his father. His mother has petitioned this Court for a writ of habeas corpus, claiming custody of the boy. Parties appeared before us and we heard them in camera. Their statements were also recorded. We also tried to talk to the child in camera in the absence of counsel and parties. We reserved order, because we considered it a fit case to be deliberated unfit for instant decision.

( 2 ) WE confess, we saw light in Veena Kapoor, (AIR 1982 SC 792) and Mohini illumining for us the path so that we could avoid bricks and breaches. Light also came to us from Shah Bano and Jorden Dienadeh. Petitioner's counsel, Shri Apte, relied on Gohar Begam, (AIR 1960 SC 93), while Shri A. B. Mishra, appearing for the respondent, relied on two decisions of Allahabad High Court, to which we would advert in due course. Directive principles of the Constitution, as also emerging international norms of Human Right jurisprudence must inform our vision of law. We looked, therefore, into the Declaration of the Rights of The Child, 1959, adopted unanimously by the United Nations General Assembly. We have tried to heed the ma













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