BHARGAVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave to amend the cause title and add Ranip Police Station, Ahmedabad as party respondent is permitted.

(2.) The present petition is preferred by the mother seeking the custody of the child with the following prayers: -

(3.) According to the mother, she was subjected to cruelty time and again and was also at one point of time forced to sign the Adoption Deed dated 25.08.2019 when her son Ishan was only one year and nine months old. This deed was made in favour of respondent nos. 4 and 5 who happened to be the brother and sister-in-law of her husband - respondent no.3 herein. She also has urged that respondent nos.4 and 5 already had their own son Pundarikaksh who was aged six months old at the time when this adoption deed was executed. She realized that this was in contravention of the provisions of Hindu Adoption and Maintenance Act , 1956, however, as she was concerned about carrying on with her matrimonial life and therefore, she forcibly had signed this document. She also has urged that she has completed the study of M.Tech and is presently serving in a private company. She is ready to go back to her matrimonial home however, respondent no.3 is not wanting her to continue her job and that had triggered the dispute and she is presently deprived of custody of her child. All her attempts to meet the child and return to the matrimonial home have fallen on deaf years.