SUNIL PATIRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Admit. Heard finally by consent.

(2.) The present petition is preferred by the petitioner, who is father of a minor child of eight years, seeking her custody as she is illegally detained by respondent No.2 to 6, by way of writ of habeas corpus .

(3.) The petitioner contended that his marriage was performed on 4/5/2017 with Smt.Suvarna Sareyam. After the marriage, they started cohabiting with each other. They were blessed with a girl child on 6/4/2018. However, due to matrimonial discords between them, as she was frequently visiting her parental house on unreasonable and trivial issues, she started residing at her parental house. It is further contended by him that despite of his repeated requests and he undertook to provide her with the best medical treatment, she left for delivery and, thereafter, not returned back. He continued visiting her on various occasions, but subsequently, even, he was not allowed to see his own daughter when his wife Suvarna was staying along with her parents. She died on 19/6/2020. After her death also, he made an attempt to meet his daughter, but respondent Nos.2 to 6 never allowed him to meet the minor child. Due to the death of his wife Suvarna, he performed second marriage on 26/12/2021. After his second marriage also, he made an attempt to bring the minor child, but his all efforts went in vain. On 25/7/2020, the minor child, through respondent No.2 uncle, filed an application before the JMFC at Saunsar, district Chhindwara under Sec. 125 of the CrPC claiming maintenance. The interim maintenance was granted. He has already complied with the order of the interim maintenance. It is contended by him that respondent Nos.2 to 6 are not allowing the petitioner even to have an access to meet the minor child despite requesting on numerous times and, therefore, he was constrained to file this petition.