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2024 Supreme(SC) 182

C. T. RAVIKUMAR, RAJESH BINDAL
Shazia Aman Khan – Appellant
Versus
State of Orissa – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Amit Pawan, AOR Mr. Abhishek Amritanshu, Adv. Mr. Anand Nandan, Adv. Mr. Hassan Zubair Waris, Adv. Ms. Shivangi, Adv. Mr. Aakarsh, Adv. Mr. Suchit Singh Rawat, Adv.
For the Respondent(s): Mr. Shovan Mishra, AOR Ms. Bipasa Tripathy, Adv. Mr. Hitendra Nath Rath, AOR Mr. Akshat Srivastava, AOR

JUDGMENT :

RAJESH BINDAL, J.

1. Leave granted.

2. This Court has been called upon to decide about the issue regarding custody of a minor child in parens patriae jurisdiction.

3. The child at present is 14 years of age, living since birth with the appellants and respondent No. 10.

4. Aggrieved against the order1 [Order dated 03.04.2023] passed by the High Court2 [High Court of Orissa at Cuttack] in a Writ Petition3 [WPCRL No. 160 of 2021] filed by respondent No. 2, who is biological father of the child, for restoration of her custody, namely, Sumaiya Khanam in his favour, the present appeal has been filed.

5. The High Court directed the Registrar (Judicial) of the Court to recover the child from the custody of appellant No. 2 and respondent No. 10, particularly from appellant No. 1 and respondent No. 10 and to hand over to respondent No. 2. The authorities of the State Government were also directed to execute the writ of Habeas Corpus and hand over the child to respondent No. 2.

6. Learned counsel for the appellants submitted that twin daughters were born to respondent No. 2 and his wife on 20.03.2010. The respondent No. 2 at that time was living at Rourkela. The children were born at Ranc

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