This appeal arises out of the judgment dated passed by the High Court of Bombay in Crl W P No of in and by which the High Court held that ... the first respondent-father of the child being the surviving parent and in the interest ofwelfare of the child the custody of the child must be handed overto the first respondent-father and issued writ of habeas corpusdirecting the appellants to handover the custody of the minor childto respondent No -father of the child

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