SUSHIL DHOLPURIYA Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2021-2-73
HIGH COURT OF MADHYA PRADESH
Decided on February 08,2021

Sushil Dholpuriya Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

ANAND PATHAK,J. - (1.) Regard being had to the commonality of the issues involved, both the cases are heard analogously and disposed of by this common order.
(2.) Respondent No.4/petitioner of Writ Petition No.18895/2020 filed the petition in the nature of habeas corpus for issuance of writ against the respondents for production of her daughter (corpus) as according to the petitioner, she is the mother of corpus who was allegedly removed from her custody by respondent No.4 (appellant herein) and therefore, she was seeking her production and appearance before this court and sought her custody. Appellant in the case (as respondent No.4 in petition) opposed the prayer on the ground that she is major and emotionally involved with the appellant and both intend to marry, therefore, she is competent and legally entitled to take her independent decision. It was the grievance of the petitioner in the case that date of birth of the corpus is 26.07.2003 which can be verified from the birth certificate issued by the Government Maternity Home, Laxmiganj, Gwalior, whereas corpus when produced before the court stated her date of birth as 06.11.2002, based upon school record.
(3.) After getting verification report regarding authenticity of birth certificate issued by the Government Maternity Home, Laxmiganj, Gwalior, learned writ court directed the authorities to keep the corpus at Nariniketan, Gwalior, because birth certificate issued by the Government Maternity Home was found to be correct and therefore, learned writ court finding the corpus minor, directed the respondents/authorities to keep the corpus at Nariniketan, Gwalior, till she attains the age of majority i.e. 18 years as per the date of birth of the corpus mentioned in the certificate issued by the Government Maternity Home. Petitioner (as mother) was allowed visitation rights.;


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