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DR.SMT. BHARTI RAJ versus SUMESH SACHDEO & OTHERS

High Court of Judicature at Allahabad

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Dr.Smt. Bharti Raj v. Sumesh Sachdeo & Others - HABEAS CORPUS WRIT PETITION No. 4064 of 1982 [2007] RD-AH 7490 (24 April 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court  No. 36

1.    Habeas Corpus Petition no. 4064 of 1982

Dr. (Smt. Bharti Raj . . .  . ..Vs.  . . .  . Sumesh Sachdeo and others.

2.    Petition  No. 206 of 1981 ( Court of District Judge, Allahabad )

Baldeo Raj  . . . .   . . . Vs.  . . . . . . . . .Sumesh Sachdeo and others.

3.    Original Suit No. 2 of 1982  (Court of District Judge,Allahabad)

Baldeo Raj  . . . .   . . . Vs.  . . . . . . . . .Sumesh Sachdeo and others.

4.    Original Suit No. 186 of 1986 (Court of Munsif,West,Allahabad)

Baldeo Raj  . . . .   . . . Vs.  . . . . . . . . .Sumesh Sachdeo and others.

5.   Misc. Case  No. 19 of 1982   (Contempt Petition arising out of                                                   Petition   no.206/81)                                  

Baldeo Raj  . . . .   . . . Vs.  . . . . . . . . Father I. Frenandiz, Director,                                                 Nazreth Hospital, Allahabad.

6.   Misc. Case  No. 84 of  1982  (Contempt Petition arising out of                                                   Petition   no.206/81)

Baldeo Raj  . . . .   . . . Vs.  . . . . . . . . Sri Dhruva Narain, Advocate                                                  and others

7.   Misc. Case  No. 85 of  1982 (Contempt Petition arising out of                                                   Petition   no.206/81)

Baldeo Raj  . . . .   . . . Vs.  . . . . . . . . .Sumesh Sachdeo and others.

                         

                               -----

Hon'ble Yatindra Singh,J.

Hon'ble R.K. Rastogi,J.

List revised.

No one is present on behalf of Dr.(Smt.) Bharti  Raj and Sri Baldeo Raj.

Learned A.G.A. is present  on behalf of  the State of Uttar Pradesh, Sri B.B. Paul is present on behalf of the contesting respondents and we have heard  them and perused the record.

Habeas Corpus Petition no. 4064 of 1982 was filed  by  Dr.(Smt.) Bharti Raj in this Court. Petition no. 206 of 1981 and Original Suit no. 2 of 1982 were filed by her husband, Baldeo Raj in the court of the District Judge, Allahabad. Baldeo Raj had also filed  Original Suit no. 186 of 1986 in the court of Munsif (West), Allahabad. Misc. Cases no. 84 of 1982 and 85 of 1982 were filed by Baldeo Raj in respect of alleged  violation of the order of the court passed in Petition no. 206 of 1981. The aforesaid cases mentioned at serial nos. 2, 3, 4, 5, 6 and 7 were transferred  from the concerned courts  at Allahabad to this Court  under orders of the Hon'ble Supreme Court.

We have heard  all the aforesaid cases together and  now we  are deciding them by a common order.

The facts relevant  for disposal of these cases are that Dr.(Smt.) Bharti Raj wife of Sri Baldeo Raj was expecting a child and was admitted in Nazreth Hospital, Allahabad. Smt. Alka Sachdeo wife of Sumesh Sachdeo was also expecting a child and was admitted in the same hospital. On 16.11.1981 twins, (two daughters), were born to Dr. (Smt.) Bharti Raj and a male child was born to  Smt. Alka Sachdeo, as per  Hospital record.  Dr. (Smt.) Bharti Raj and her husband Sri Baldeo Raj alleged  that twin daughters were not born to Dr.(Smt.) Bharti Raj but  one daughter  and one son were born to her and a female child was born to Smt. Alka Sachdeo, which was fraudulently  exchanged with the son of Dr. (Smt.) Bharti Raj. She, therefore, filed Habeas Corpus Petition no. 4064 of 1982 for delivery of corpus of  the aforesaid male child to her. Her husband Baldeo Raj  filed Petition no. 206 of 1981 in the court of the District Judge, Allahabad  under the  provisions of the Guardians and Wards Act  for delivery of  that male child  to him. He also filed  another Original Suit no. 2 of 1982 in the court of the District Judge, Allahabad  for declaration that he  is guardian of that male child.. He also filed another application in the court of the Munsif (West), Allahabad  for cancellation of the adoption  deed  executed by Smt. Alka Sachdeo in favour of Smt. Yashpal in the year 1981 in respect of that child. This application was originally  registered as defective Misc. Case no. 401 of 1982, and after removal of the defects, it was registered as  Original Suit no. 186 of 1986.

Besides the aforesaid cases BaldeoRaj had also filed Misc. Case no. 18 of 1982 in the district court ( Baldeo Raj Vs. Sri A.B.Chaturvedi, S.P.City, Allahabad )  for drawing contempt proceedings against Sri Chaturvedi  for  the alleged violation of the order passed  in  Petition no. 206 of 1981. Sri A.B. Chaturvedi died  during pendency of the above case and so  the above case stood abated  vide order dated 4.2.1987. The general index and order sheet  of Petition no. 206 of 1981 were lost when the case was pending  in the district court and  Enquiry no. 5 of 1984 was instituted for fixing liability for loss of the aforesaid two documents. After conducting  enquiry delinquent official was awarded punishment  of stoppage of two annual increments and adverse entry was also made in his character roll regarding misconduct and negligence  resulting into the loss of general index and order sheet vide  order of the District Judge dated 21.7.1986.

The matter of custody of child was taken upto Supreme Court  and the Supreme Court by its order dated 13.7.1988 observed that:

"Parties agree that examination of blood of the child and of others for the purpose of comparison be done at the All India Institute of Medical Sciences, New Delhi. The Director of the Institute will nominate an appropriate  Senior Doctor for such purpose and the result of the examination along with the opinion of Doctor shall be communicated to the Registrar, High Court of Allahabad in a sealed cover without being disclosed to anyone.

We clarify that the result of the blood test as already directed shall be conclusive so far as the petitioner is concerned. He shall not be entitled to lead any further evidence. But so far as the respondents are concerned, they will have an opportunity to lead evidence by way of  rebuttal, if so advised."

The  Supreme Court further ordered  that all the aforesaid civil proceedings are transferred to the Allahabad High Court ( where the Habeas Corpus Petition is pending ) and this question is to be decided  on the basis of blood test report as to who are the real parents of the child. After conducting the blood test, the report had been kept in a sealed cover. We have opened  the sealed cover  and have also perused  the blood test report. This blood test report  is dated 4.1.1991 and has been signed  by Dr. N.K. Mehra, Associate Professor & Officer-in-Charge, HLA Laboratory, All India Institute of Medical Sciences, Ansari Nagar, New Delhi. Conclusion of this blood test report runs as under:

"Mr. Baldeo Raj and  Dr (Mrs) Bharati Raj are excluded as the real parents of child Neel Goomer. It is most likely that Mr. Sumesh Sachdeo and Mrs. Alka Sachdeo are the real parents of Neel Goomer."

This  blood  test report kept in sealed cover, which has been opened and perused by us,  shall form part  of the record of Habeas Corpus Petition no. 4064 of  1982.

In view of the above, it is held that the male child was born to Smt. Alka Sachdeo who had been given it in adoption to Sri & Smt. Yashpal Rai Goomer. The  habeas corpus petition is dismissed and petition no. 206 of 1981 and suits  no. 2 of 1982 and 186 of 1986 are also dismissed.

In view of the fact that we have dismissed habeas corpus petition as well as the suits, the miscellaneous cases no. 19 of 1982,  84 of 1982 and 85 of 1982  have become infructuous and are also hereby dismissed.

This judgment shall form part of record  of Habeas Corpus Petition no. 4064 of 1982.

Copies of this judgment  shall be kept on the files of Petition no. 206 of 1981, Original Suits  no. 2 of 1982 & 186 of 1986  and Misc. Cases no. 19 of 1982, 84 of 1982 and 85 of 1982  which had been received  from the trial courts  and thereafter the same may be sent back to the trial courts to be consigned to Record Room there.

Dated:24.4.2007

RPP.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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