LAWS(MPH)-2022-3-168

ALKA SHARMA Vs. STATE OF MADHYA PRADESH

Decided On March 10, 2022
ALKA SHARMA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The petitioners have filed the present writ petition under Article 226 of the Constitution of India seeking a writ of habeas corpus securing the custody of their child from the custody of respondents no.2 and 3.

(2.) Facts of the case in short are as under :-

(3.) Learned counsel for the petitioner has argued at length and placed reliance over judgment passed by the Apex Court in the case of Tejaswini Guad V/s Shekar Jagdish Prasad Tiwari reported in (2019) 7 SCC 42 in which it has been held that in exceptional circumstances the High Court can issue a writ of habeas corpus in order to secure the custody of child hence, prays for issuance of notice to respondents no.2 and 3. Heard.