VISHAL JIVAN JOGURE Vs. MEGHA VISHAL JOGURE

JUDGEMENT

(1.) Heard Counsel for the parties. Perused the record. Rule. Mr. Deshmukh waives notice for the Respondent no. 1. Mr. Gadkari, A. P. P. , waives notice for respondent No. 2. As short question is involved, application is taken up for final disposal forthwith by consent.

(2.) This application takes exception to the order passed by the Chief Judicial magistrate, Solapur, dated 23rd February, 2005 on application, Exhibit 6 and Exhibit 1, preferred by the Respondent No. 1, whereby directed issuance of search warrant for search of the two children, who are in custody of the Applicant, being their father. The application as is originally filed by the respondent No. 1 asserts in the following manner. The Respondent No. 1 after marriage was staying along with the Applicant at mulund and has given birth to two children, yash on 16th October, 1999 and Veerja on 16th November, 2001. However, because of the improper behaviour of the Applicant, she had to leave the matrimonial home to secure her safety.

(3.) Insofar as the custody of the two children with the husband, Applicant herein is concerned, the relevant paragraphs are paragraphs 4 and 5 of the application, wherein it is stated as follows. The Respondent No. 1 had left the matrimonial house leaving behind her children in the custody of the Applicant. Children are now in the custody of either the applicant or accused No. 2 or accused No. 3, who are maternal uncle and maternal aunt of the Applicant. It is stated that the Respondent no. 1 has reason to believe that the children are staying with accused No. 2 or accused no. 3. Accused No. 4 is the mother in law of the Respondent No. 1. It is possible that the custody of the children must be with the mother-in-law.