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1999 Supreme(SC) 989

G.B.PATTANAIK, UMESH C.BANERJEE
Rajiv Bhatia – Appellant
Versus
Government Of Nct Of Delhi – Respondent


Judgment

Pattanaik, J.-Delay condoned in filing the special leave peti­tion.

2. Leave granted.

3. These appeals by grant of special leave are directed against the judgment dated 11.3.99 by the Division Bench of the Delhi High Court in a writ of habeas corpus filed by the natural mother of a young girl, named Akansha. The undisputed facts are that Priyanka had married Amit in April, 1993. Out of their wedlock, two girl children-Akansha and Jayanti-were born. The husband of Priyanka was a Preventive Officer in the Customs Department of the Government of India. The said Priyanka filed the petition for issuance of writ of habeas corpus alleging therein that her daughter, Akansha is in illegal custody of Rajiv, the elder brother of her husband and the said Akansha should be produced in Court and she should be given the custody of the child. Earlier to the filing of the aforesaid petition in Delhi High Court, the said Priyanka had filed an application in a writ of habeas corpus in Rajasthan High Court at Jaipur in which notice had been duly issued and the State of Rajasthan had filed an affidavit stating therein that Akansha and her younger sister, Jayanti had been given in adoption by the






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