DIVYAKUMARI KEVALKUMAR BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner by way of the present petition under Article 226 of the Constitution of India has approached this Court for issuance of writ of habeas corpus or any other appropriate writ, order or direction for production and the custody of the corpus child who is 8 months old.

(2.) The petitioner's marriage was solemnized with respondent no.3 on 10.12.2018. The child was born on 29.02.2020. According to her, respondent no.3 in a purchase of residential house had needed the monetary help which the grandfather of the petitioner had made twice. After lapse of some time, when her grandfather needed money back, disputes had started. She has also alleged of absence of healthy and cordial relationship between the spouses as also with the in-laws and as she was not allowed to go out anywhere or take with her son, who was only 5 months old when she was ill treated and she gave a complaint on 06.08.2020 with Mahila Police Station, Lunavada, Dist. Mahisagar. However, the police had not acted upon the same.

(3.) The application under Section 97 of the Code of Criminal Procedure, 1973 ['Cr.P.C.' for short] was moved before the Court of learned Additional Chief Judicial Magistrate being Criminal Miscellaneous Application No.47 of 2020 which, on some technical ground, not entertained stating that for getting the custody of the child, alternative remedy is available.