DIPAK MISRA, R.K.GUPTA
TABASSUM BANO – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
( 1. ) THE expose of the factual matrix has its own unconventional singularity and does manifest special individual characteristics necessitating a keen scrutiny of the nuances of law relating to a writ of habeas corpus on one hand in relation to a claim pertaining to the custody of the female child by the petitioner on the substratum that she is the natural mother and hence, has the absolute right to have the custody and the private respondents have no legal right in the remotest sense to advance a claim and on the other, the negation of the same by the respondent Nos. 3 and 4 on the fulcrum that there is no illegal detention and further on the sub-structure that regaining of custody by the petitioner is not a routine matter bereft of consideration of the welfare of the child which is paramount and is also to be taken note of in a writ of this nature.
( 2. ) THE facts which are imperative to be stated are that the petitioner had entered into wedlock with one Usman Mansuri who died in the year 2004. After expiration of four months, she gave birth to a female child on 6-10-2004 at orai in the clinic of one Dr. Sandhya Gupta. A birth certificate in that regard has been brought
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