MINAXIBEN SANJAYKUMAR RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner is the wife of respondent No.2. There are marital disputes between the husband and wife. Unfortunate victim is a young child aged barely 13 months. Upon separation, petitioner is deprived custody of a child just over one year old by the husband. He has not only detained the child with him, he is opposing handing over custody at various places before different Courts. Learned Magistrate dismissed the application under Section 97 of Criminal Procedure Code filed by the wife. She is, therefore, before this Court in the present proceedings.

(2.) Learned advocate for the respondent No.2 vehemently submitted that the order under challenge suffers from no illegality. She submitted that Court has no power to hand over custody of the child since custody of the father cannot be termed illegal.

(3.) All these questions can be decided later. At this stage by an interim order, the respondent No.2 is directed to hand over the custody of the minor child to the petitioner forthwith.