ATUL GUPTA Vs. SURABHI GUPTA

JUDGEMENT

(1.) The present intra-Court appeal preferred by appellant-husband Atul Gupta under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 is directed against the impugned order dated 10.02.2021 passed by the learned Single Judge in W.P. No.2143/2021 (Smt. Surabhi Gupta vs. State of M.P. and others) by which the writ petition filed by respondent No.1 - Smt. Surabhi Gupta, as habeas corpus petition, was allowed.

(2.) The learned Single Judge in the writ petition originally passed an interim order on 29.01.2021 directing the State to produce the daughter of the respondent No.1-writ petitioner, namely, Advika, aged about 04 years, before this Court on 15.02.2021. However, she was produced before the Court on 10.02.2021. The learned Single Judge considering the age of corpus (Advika) and also the fact that respondent No.1-writ petitioner, Smt. Surabhi Gupta being mother, happens to be her natural guardian, ordered that the custody of the corpus (Advika) be given to writ petitioner (Smt. Surabhi Gupta) by the police station concerned and the petitioner was also permitted to take her daughter along with her. It is against this order that the present appeal has been filed by appellant-husband Atul Gupta.

(3.) When the appeal was listed before this Court on 23.02.2021, learned counsel for the appellant-husband submitted that the appellant is ready and willing to take the respondent No.1-wife back to matrimonial home. The learned counsel appearing for the respondent No.1-wife also submitted that the respondent No.1-wife is also willing to go back to her husband. The matter was, therefore, deferred to be listed on 26.02.2021, requiring the parties to appear in person before the Court. When the matter was listed on 26.02.2021, it was adjourned, to be listed on 27.02.2021, on which date, the Court passed the following order:-