DINESH PRADHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the present writ petition is to the order passed by the Sub Divisional Magistrate (in short, SDM), Pithora, District Mahasamund, dated 13.07.2020. Vide the impugned order, the SDM has on an application moved by the Respondent No.5 under Section 97 of the Cr.P.C. allowed the same and has ordered for the custody of the child born out of the marriage of the respondent No.5 with the present petitioner be given to respondent No.5.

(2.) Having perused the impugned order and the contents of the same, it reveals that the marriage between the petitioner and the respondent No.5 took place on 22.04.2018 and a child from the said wedlock was born to them. That on the date when the application was filed by the Respondent No.5, a child of which the custody was being sought by the respondent No.5 was just three months old and looking into the tender age of the child the SDM has allowed the application under Section 97 Cr.P.C.

(3.) During the course of the hearing, learned counsel for the petitioner submits that pursuant to the order of the SDM, the custody of the child has been given to the respondent No.5 the mother i.e. the wife of the petitioner.