KAMAL KISHORE Vs. STATE OF M.P.

JUDGEMENT

(1.) Present review petition is being preferred by the petitioner seeking review of order dtd. 22/7/2021 passed by this Court in writ petition No.9932/2021, whereby this Court while considering the writ petition of habeas corpus preferred by the present petitioner (for custody of his daughter/corpus), directed the corpus (Reet Dubey) to live along with her sisters namely Mohini Maheshwari and Chetana Sharma (respondents No.4&5 herein). Occasion to file review arose in the wake of Writ Appeal preferred by the petitioner (father of corpus) against the order dtd. 22/7/2021 passed by this Court and by way of order dtd. 23/8/2021 passed in Writ Appeal No.743/2021 the Writ Appellate Court remanded the matter back to this Court for fresh adjudication in view of U- turn taken by the corpus about conduct of her sisters as well as her intention to live with her father i.e. present petitioner.

(2.) Precisely stated facts as submitted and pleaded in the writ petition and review petition is that petitioner Kamal Kishore filed writ petition under Article 226 of Constitution of India in the nature of habeas corpus, seeking direction for ensuring presence of corpus from alleged illegal confinement of respondents No.4&5.

(3.) It is the submission of learned counsel for petitioner that daughter of petitioner/corpus is being kidnapped by respondents No.4&5 against her will and they are not releasing her to live with petitioner, who happens to be the father of corpus. Before Writ Court, certain documents including photographs, Adhar Card, Will (notarized) dtd. 9/4/2021 of his alleged wife Premlata Dubey were produced and through said Will, his wife (and mother of corpus) described distribution of property including direction for corpus to live with the petitioner. As submitted, petitioner and mother of corpus namely Premlata entered into wedlock after death of her husband.