BHARTI RAJ Vs. SUMESH SACHDEO

JUDGEMENT

(1.) These are petitioner's applications. Facts relevant in so far as material for this purpose are that a child was born to Smt. Alka Sachdeo wife of Sri Sudesh Sachdeo on 16th Nov., 1981 at 10.40 p.m. in the Nazareth Hospital, Allahabad. Smt. (Dr.) Bharti Raj wife of Baldeo Raj delivered twins the same day at 10.50 p.m. and 11.00 p.m. respectively in the same hospital. The petitioner's case is that one of these twins was a male and the other a female and further that the child born of Smt. Alka Sachdeo was female. It is alleged that the hospital staff in collusion made an interchange whereby the petitioner's male child was passed over to Smt. Alka Sachdeo and replaced by the female child of the latter. Sri Baldeo Raj gave an application to the Director, Nazareth Hospital on Nov. 20, 1981, expressing doubt that one of his children had been changed in this hospital from the labour room. The Director replied the same day after inquiry made by him that there had been no replacement or change of any kind and pointing further that blood test could not be had in the hospital and that the applicant might get the blood test of the female babies done if he so wished. Sri Baldeo Raj also lodged first information report in P.S. Cannington at 5.45 p.m. the same day for offence under Sec. 420 Penal Code. The two female babies died on Nov. 23, 1981. On Dec. 16, 1981 Sri Baldev Raj filed a petition under Sec. 25/12 of the Guardians and Wards Act read with Sec. 6.8 of the Hindu Minority and Guardianship Act, 1956, in the Court of the District Judge, Allahabad with the prayer that the opposite parties be directed to deliver custody of the male child in question to the petitioner and that they be restrained from removing or sending the child from Allahabad and his interim custody be given to the petitioner. This was followed up by Original Suit No. 2 of 1982 filed by Sri Baldev Raj on Jan. 13, 1982. in the Court of the District Judge, Allahabad wherein the reliefs claimed are declaration under Sec. 7 of the Guardians and Wards Act, that the plaintiff is the guardian of the male child, interim custody of the child and the setting aside of the adoption deed dt. Dec. 1, 1981, with a declaration that the same is invalid. Thereafter another suit registered as Original Suit No. 401 of 1982 has also been filed by Sri Baldev Raj in the Court of Munsif, West Allahabad on Nov. 22, 1982, claiming that the adoption deed dt. Dec. 1, 1981, be cancelled and a declaration made to the effect that the alleged adoption of the male child is invalid. This is in sequence to the contention on the other side that the male child has been given in adoption by Smt. Alka Sachdeo and her husband to Smt. Vinod Goomar (wife of Sri Yashpal Rai Goomar) who is the sister of Suresh Sachdeo for herself and her husband both of whom have acquired the citizenship of Canada.

(2.) In the petition under the Guardians and Wards Act registered as Case No. 286 of 1981, referred to above, the District Judge made an interim order dt. Jan. 12, 1982 on an application of Sri Baldeo Raj for comparison of the blood of the child with the blood of the parents of both sides. The order provides :

(3.) Against this order Sri Baldeo Raj filed Writ Petition No. 424 of 1982 in this Court on Jan. 14, 1982 with the prayer inter alia :