JYOTI BHATARIYA Vs. STATE OF C.G.

JUDGEMENT

(1.) This writ petition invoking Article 226 of the Constitution of India seeks issuance of writ in nature of Habeas Corpus in relation to the child covered by Annexure-P/1. Birth certificate which shows that the date of birth of that female child is 13/03/2013. This means that the said girl child is below the age of 5 years.

(2.) This writ petition is filed by the mother of the child. The 8th respondent is the child's father. These facts are not disputed.

(3.) Following issuance of Rule Nisi, coupled with directions, the jurisdictional Police had reached at the child in the custody of the father. The child is presented before us. We interacted in detail, on different rounds, with the parents and the child. We see that the child is well oriented. She is aware of her school and near relatives. She has clear idea of whatever she disclosed to us, which mainly related to her normal life. She is coherent. Though initially she was apparently against the mother, on our interaction with her we are satisfied that her such situation was the direct result of unsolicited, unlawful tutoring and such other unbecoming impositions with the thought process of that child, who came to the Court from the company of her father, who had, allegedly taken her off sometime in February or March 2017, that is, nearly about more than six months ago. This obviously has happened at the instance of her father who had taken the child with him. He is now before this Court telling us that he may not be accused of having kidnapped her.