SHIVANI SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard the petitioner in person, Sri H. G. S. Parihar, Senior Advocate assisted by Sri Divyarth Singh for private respondents and learned Standing counsel for the State-respondents.

(2.) The petitioner, who is the mother of a minor girl child, has assailed the order dtd. 17/08/2021 passed by the Child Welfare Committee, Sultanpur whereby the custody of the minor has been handed over to her father-in-law, husband and sister-in-law and has also assailed the order dtd. 06/12/2021 passed by the appellate authority upholding the order of the Child Welfare Committee (hereinafter referred to as the Committee), and dismissing the appeal preferred by the petitioner.

(3.) The present controversy is an outcome of an embittered matrimonial relationship between the petitioner and her husband, respondent No. 4. The marriage between the petitioner and respondent No. 4 was solemnised on 21/01/2014 and out of the said wedlock a daughter was born on 30/10/2015. The petitioner and respondent No. 4 lived for 2 years at Sultanpur, where respondent No. 4 is running nursing schools, and sometimes in 2017 the petitioner along with minor daughter shifted to Lucknow, while respondent no.4 continued to live and work at Sultanpur visiting the petitioner and his daughter during the weekends. The minor child was admitted to a school at Lucknow and according to the petitioner the relationship between her and her husband as well as her in-laws was cordial prior to 25/08/2021, on which date the petitioner was directed to appear before the Committee, Sultanpur.