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2022 Supreme(MP) 998

VIVEK RUSIA
Alka Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shri Kirti Saboo, Learned, for the Appellant.

ORDER

1. The petitioners have filed the present writ petition under Article 226 of the Constitution of India seeking a writ of habeas corpus securing the custody of their child from the custody of respondents no.2 and 3.

2. Facts of the case in short are as under :-

    i. Petitioner no.1 and 2 are husband and wife. Respondent no.2 and 3 like wise, are also husband and wife. Petitioner no.2 and respondent no.2 are real brothers and sisters. Petitioner no.1 gave birth to first son Naitik on 10.12.2007, second son Govind Suryansh Sharma on 20.04.2009 and third son Piyush on 20.03.2010. Since respondents no.2 and 3 were not blessed with a child, therefore, petitioners have decided to give their second son Govind to them till respondent no.3 gives birth to her own child. In the year 2010 respondents no.2 and 3 were blessed with a baby girl and both Govind and baby girl grew together. Petitioners used to visit the house of the respondents to meet Govind. All of a sudden behaviour of respondent no.3 becomes rude with the petitioners and stop permitting them to with their own son Govind @ Suryansh Sharma. Accordingly to the petitioners when they insisted on returning Govind @ Suryansh Sharma, r

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