JAYA CHAKRAVARTI Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner has filed the present petition being aggrieved by the order dated 24.09.2020 passed by the Sub Divisional Magistrate in the exercise of the power under section 97,98 of the Cr.P.C whereby the custody of respondents No.5 & 6 have been handed over to respondent No.4. The facts of the case in short are as under:

(2.) The marriage of petitioner and respondent No.4 solemnized in the year 2003 and the petitioner gave birth to twin sons i.e. respondents No.5 & 6 in the year 2005. According to the petitioner, she has started living separately from her husband respondents No4 and since birth, respondents No.5 & 6 are living with her. Because of some matrimonial dispute with respondent No.4 petitioner has left the matrimonial house along with respondents No.5 & 6 and since then they have been brought up and educated by her. Although respondent No.4 used to visit and meet them the petitioner took entire liability for the betterment of future

(3.) Respondent No.4 approached the Sub Divisional Magistrate by way of an application under section 97 of the Cr.P.C seeking custody of respondents No.5 & 6. The Sub Divisional Magistrate without any authority has entertained the application and issued a search warrant of respondents nos. 5&6. In compliance of the search warrant, the police procured them from her house to produce respondents No.5 & 6 before Sub Divisional Magistrate. No notice was issued to the petitioner in the aforesaid case, after recording the statements of respondents No.5 & 6 and vide order dated 14.09.2020 permitted respondent No.4 to keep respondents nos. 5&6 with them, hence the present petition before this Court.