NEEHARIKA BHATT Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned counsel for the respondents no.1 and 2 and learned A.G.A. for the State. Vide order dated 17.11.2014, the question, which was framed as a preliminary question is;

(2.) IN this case, the next friend Devki Nandan Bhatt alias Dinesh Bhatt of the alleged detenue Neeharika Bhatt aged about six years is father and claiming himself to be the natural guardian. The alleged detenue is said to have been in the custody of respondent no.4 Brij Lal Gautam, respondent no.5 Smt. Vimal Devi and respondent no.6 Prabhat Milind, who are the material grandfather(Nana), maternal grandmother(Nani) and material uncle (Mama) respectively of the alleged detenue.

(3.) THE contention of learned counsel for the petitioner is that if the natural guardian is alive, the other person cannot be allowed to keep a child, even if, they are the parents or other family members of the mother of the child. He relied upon the judgement of this Court in case of Saroj Devi and others Vs. State of U.P. and others,2013 2 JIC 652.