SHIVANI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Ajay Kumar Srivastava, learned counsel for the petitioners, Shri Vaibhav Ojha, learned A.G.A. for the State-respondent, and perused the record.

(2.) As per petitioners' case, the petitioner no.1 is the legally wedded wife of petitioner no.2. Pursuant to the registration of impugned F.I.R. being Case Crime No.594 of 2022, under Ss. 363 I.P.C., P.S. Gandhi Park, District Aligarh, by the father of petitioner no.2, she has been remanded to Rajkiya Bal Grih/Balika Kendra on the direction of Child Welfare Committee vide order dtd. 11/1/2023. Therefore, the petitioners have assailed the order dtd. 11/1/2023 through instant petition for custody of petitioner no.2. In essence, petitioners are husband and wife and husband has prayed for custody of her minor wife. Brief Facts

(3.) The prosecution's case unfolds on 30/9/2022, when the mother of the prosecutrix scolded the 17-year-old victim. Following this, the victim left her residence at 03:45 p.m. Despite all possible efforts by the first informant to locate the victim in the vicinity, she remained elusive. The complainant alleged that her daughter had absconded with Manish Pratap Singh, prompting the registration of an F.I.R., Case Crime No.0594 of 2022, under Sec. 363 IPC, at P.S. Gandhi Park, District Aligarh, on October 1st, 2022.