AMOL RAMESH PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule, made returnable forthwith. With the consent of learned counsel for the parties, this Petition is heard finally at the stage of admission.

(2.) By this Petition under Article 226 of the Constitution of India the Petitioner, the anguished father of the minor child aged two and half years seeks the custody of the child who is presently in the custody of Respondent No.6. It appears that the Petitioner was married to the daughter of Respondent No.6 on 23 November 2010. From the wedlock, the wife of the Petitioner gave birth to Tejas on 20 November 2011. The wife of the Petitioner died on 21 March 2012 due to burns. A complaint was accordingly lodged against the Petitioner, and Petitioner and others were prosecuted for the said offence. The Additional Sessions Judge at Satara acquitted the Petitioner and others for the offence punishable under Section 498 A, 302(2) read with Section 34 of the Indian Penal Code. According to learned counsel for Respondent No.6 against the judgment of the Additional Sessions Judge dated 26 April 2013 in Sessions Case No.120 of 2012 an appeal against acquittal has been filed in this Court.

(3.) According to the Petitioner after he was acquitted the Petitioner made attempts at securing the custody of his minor son Tejas, but Respondent No.6 did not respond and the Petitioner left with no other alternative, has filed the present petition. The Petitioner therefore prays for custody of his minor son Tejas who is presently been looked after by Respondent No.6 be handed over to him.