Samiksha Sahu vs State Of Mp
2021 Latest Caselaw 6694 MP

                                           1                             WP-19637-2021
             The High Court Of Madhya Pradesh
                        WP-19637-2021
                             (SAMIKSHA SAHU Vs STATE OF MP AND OTHERS)

3
Gwalior, Dated : 22-10-2021
         Shri Prashant Sharma, learned counsel for the petitioner.
         Shri Devendra Chaubey, learned Govt. Advocate for the respondents

No.1 to 4/State.

Shri Asad Khan, learned counsel for the respondents no.5. 6 and 7. This is habeas corpus petition. Corpus is a child of petitioner and

respondent no.5 Banwari Lal Sahu.

Being mother, the petitioner born her custody. Learned counsel for the petitioner referred the judgments of the Apex Court in the case of Capt. Dushyant Somal Vs. Smt. Sushma Somal and Another, 1981 (2) SCC 277 , Sheoli Hati Vs. Somnath Das, 2019 (7) SCC 490 and Yashita Sahu Vs. State of Rajasthan and others , AIR 2020 SC 577 to submit that in exceptional circumstances, looking to the welfare of child, writ of habeas corpus is maintainable.

Learned counsel for the respondents opposed the prayer.

However, from the discussions, it appears that the matter primarily originated from the dispute between the couple. Both the parties are ready to appear before this Court for reconciliation.

At the joint request of the parties, learned counsel for the petitioner and the respondent no.5 is directed to appear before this Court on 26.10.2021.

List the case on 26.10.2021.

(ANAND PATHAK) JUDGE

AK/-

ANAND KUMAR 2021.10.23 10:26:02 +05'30'