LALITHA ALIAS KATEEJA Vs. STATE

JUDGEMENT

(1.) THE above revision cases are filed respectively, to set aside the the order dated 07. 4. 2004 passed in C. M. P. Nos. 1260 and 1192 of 2004 in Cr. No. 149 of 2004 on the file of the Court of the Judicial Magistrate NO. 1, Sankari.

(2.) THESE are the cases in which the only issue that arises for consideration is the custody of the minor daughter of the petitioner alleged to have been kidnapped by one Jayaseelan residing nearby her resident. After the kidnap, the girl was recovered. The question as to with whom she has to be sent arose before the learned Magistrate since both the mother and her aunt namely one Kanyakumari started claiming the custody of the girl. In consideration of both the applications seeking custody of the minor girl the trial Court has examined the girl who answered that she was not willing to go along with her mother but only to her aunt Kanyakumari though she was not her mother but one who brought her up. But her mother though a natural guardian did not bring her up nor responsible for her custody but the said Kanyakumari being more responsible than her mother would choose to go along with her and hence the learned Magistrate has decided entrusting the custody of the minor girl with the said Kanyakumari thus ensuring safe custody of the minor girl. It is this order passed by the learned Judicial Magistrate No. I, Sankari, which is under challenge in the above criminal revision cases.

(3.) HEARD both.