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2017 Supreme(SC) 616

DIPAK MISRA, A.M.KHANWILKAR, MOHAN M.SHANTANAGOUDAR
Nithya Anand Raghavan – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates Appeared:
For Petitioner(s) Ms. Malavika Rajkotia, Adv., Ms. Arpita Rai, Adv., Mr. Ranjay N., Adv., Mr. Vaibhav Vats, Adv., Ms. Saumya Maheshwari, Adv., Ms. Tenya Prasad, Adv., Ms. Udita Singh, Adv., Mr. Lakshmi Raman Singh, AOR
For Respondent(s): Mr. B. Krishna Prasad, AOR, Mr. S. S. Jauhar, AOR

JUDGMENT

A.M.KHANWILKAR, J.

Leave granted.

2. This appeal arises from the final judgment and order (for short “the Impugned Judgment”) passed by the High Court of Delhi dated 8th July, 2016 in a writ petition for issuance of a writ of habeas corpus for production of the minor daughter Nethra, allegedly illegally removed by the mother-appellant on 2nd July, 2015 from the custody of the father-respondent no.2 (writ petitioner) from the United Kingdom (UK), being Writ Petition (Criminal) No. 247 of 2016.

3. The High Court inter alia directed the mother to produce her daughter Nethra and to comply with the order dated 08.01.2016 passed by the High Court of Justice, Family Division, Principal Registry, United Kingdom (UK), within 3 (three) weeks from the date of the impugned order or in the alternative to handover the custody of the daughter to the father within 3 (three) weeks from the date of the order.

4. The appellant has assailed the aforesaid order inter alia on the ground that in the present scenario, the paramount interests and welfare of the daughter, Nethra, who is presently over seven years of age, is to remain in custody of her mother, especially because she suffers from a c




































































































































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