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2023 Supreme(Online)(All) 18633

ALLAHABAD HIGH COURT
Shamim Ahmed, J.
Smt. Ira Sharma – Appellant
Versus
Dhreerendra Pandey alias Dheerendra Vikram Pandey – Respondent


Advocates:
For the Appellants/Petitioners: Sri Shubham Aggarwal, Ms. Suksham Aggarwal, Sushil Kumar Singh
For the Respondents: Smt. Kiran Singh, Prem Prakash, Sri Manoj Kumar Misra

Table of Content
1. relief sought for custody on habeas corpus basis. (Para 2 , 5 , 6)
2. custody determined based on welfare and psychological impact. (Para 4 , 19 , 20 , 22)
3. petitioner claims illegal detention and custodial rights. (Para 7 , 10 , 11 , 12)
4. welfare of child as paramount consideration in custody. (Para 21 , 23 , 27)
5. final order dismissing the habeas corpus petition. (Para 29)

1. Heard Sri Shubham Aggarwal along with Ms. Suksham Aggarwal and Sushil Kumar Singh, the learned counsel for the petitioner - Smt. Ira Sharma as well as Smt. Kiran Singh and Prem Prakash, the learned Additional Government Advocate - I for the State - respondent Nos. 1 to 3 and Sri Manoj Kumar Misra, learned counsel for the respondent No.4 and pleadings between the parties have already been exchanged.

2. The petitioner - Ira Sharma has filed this Habeas Corpus petition with the following reliefs:
"i) to issue a writ, order or direction in the nature of Habeas Corpus commanding the respondents to produce the corpus of detenues, namely Rayan Pandey and Mirah Pandey at the earliest before this Hon'ble Court and to handover the custody of the said minor children to petitioner being their mother.
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