MINAXIBEN SANJAYKUMAR RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS application has been filed by the mother of the minor child Darshan aged about 3.5 years praying for a direction to recall previous orders dated 03.09.2010, 01.10.2010, 15.10.2010 and 26.10.2010 passed by this Court in Special Criminal Application No. 1648 of 2009. A prayer also is made to direct the District Superintendent of Police, Navsari to forthwith take custody of the minor child Darshan from the respondent no. 2 and hand over the same to the applicant.

(2.) BETWEEN the applicant and the respondent no. 2 - the wife and the husband, there are bitter matrimonial disputes going on. Custody of child Darshan is at the center of this litigation. The mother complained about illegally being deprived of the custody of the minor child and initially approached the the Chief Judicial Magistrate, Navsari for custody. When the lower criminal court refused custody of the child, the mother approached this court by filing Special Criminal Application No. 1648 of 2009. In the said proceedings, the order dated 18.12.2009 passed by this Court at interim stage was carried before the Apex Court. The Apex Court, after initially staying the order, vacated the stay on 25.01.2010. Despite the Apex Court vacating the stay and despite this Court directing the father to hand over the custody of the child to the mother the same was not done for months together. The father had become elusive. Even the police authorities could not trace him. Finally after lot of efforts the child could be traced and was with the help of the police handed over to the mother on 16.08.2010.

(3.) TODAY, when the matter was called out, Mr. Zubin Bharda, learned advocate for the applicant stated that the custody of the child was handed over to the mother on 06.10.2011. Thus, the direction to hand over the child passed by this Court vide order dated 30.09.2011 is duly complied with. The respondent no. 2 father of the child is also present before this Court. He is represented by his advocate Mr. N.S. Sheth.