SAVITABEN MAHENDRABHAI PARMAR Vs. STATE OF GUJRAT

JUDGEMENT

(1.) THE petitioner has preferred present petition under Sections 482 and 97 after her application under Section 97 of the Criminal Procedure Code (hereinafter referred to as the "Code") seeking search warrant against father of minor son (so as to get custody of minor son) came to be rejected by learned Magistrate and the Revisional Court and she has prayed that:-

(2.) SO as to support and justify the relief prayed prayed for in present petition, the petitioner has stated, inter alia, that from the wedlock between them, the petitioner and respondent No.2 have a son born in February 2009.

(3.) LEARNED advocate for the petitioner has reiterated the factual aspects stated in the Misc. Application filed before learned Magistrate as well as in memo of present petition and has claimed that the Minor boy is in custody with respondent No.1 i.e. father of the Minor boy and that the respondent father is not allowing the petitioner mother to keep the custody of the minor boy who is still a child of less than 5 years and that considering the age of the minor boy he should be allowed to be with the petitioner mother. Learned advocate for the petitioner submitted that the petitioner had preferred application under Section 97 of the Code and requested for search warrant so as to get custody of minor boy. He submitted that considering the age of the minor the custody should have been granted to the petitioner. Learned advocate for the petitioner submitted that learned Trial Court and Revisional Court have committed error in rejecting the applications and the impugned orders are unjust and incorrect.