LAWS(GJH)-2018-5-101

MUMTAZBANU DILAWARBHAI MEMON Vs. STATE OF GUJARAT

Decided On May 08, 2018
Mumtazbanu Dilawarbhai Memon Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Pursuant to the order dated 27.4.2018, minor Sadik alias Armaan has been produced before this court from the custody of the Children's Home at Himmatnagar.

(2.) The court has ascertained the wishes of minor Sadik alias Armaan in the chamber. He has stated that the petitioner is his paternal aunt and that he was being ill-treated by the petitioner and her husband and that he was happily residing with the respondents No.4 and 5 and does not have any problem staying with them. The child has categorically stated that he would like to continue residing with the respondents No.4 and 5.

(3.) The respondents No.4 and 5 are both personally present before this court and have apprised the court about the manner in which they have obtained the custody of minor child Sadik alias Armaan. From the averments made in the petition, it is manifest that the custody of minor child Sadik alias Armaan was handed over to them by the petitioner and since then he is with them. The minor child does not appear to be facing any problem with them and has willingly stated before this court that he wants to reside with them and has no desire to stay with the petitioner.