KAUSHALYA BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) WITH the consent of learned counsel for the parties, this petition is heard finally.

(2.) THIS petition has been filed by the petitioner under section 482 of Cr.P.C. for issuing direction to decide the application under section 98 of the Cr.P.C., which is pending before the Additional Sessions Judge, Ganjbasoda, District Vidisha in Special S.T. No. 65/2014 for seeking custody of Ku. Priyanka, who is daughter of the petitioner.

(3.) LEARNED counsel for the petitioner submitted that the approach of the learned Court below for not deciding the application for interim custody of the Ku. Priyanka is not proper, even when the petitioner has specifically mentioned in the application that she being mother and natural guardian of her daughter Ku. Priyanka and she will take care of her. It was further submitted that petitioner being the mother of Ku. Priyanka is not only the natural guardian, but as her daughter Ku. Priyanka is minor, therefore, she is having every right to take Ku. Priyanka in her custody. It was also submitted that the petitioner has specifically pleaded that her daughter was being taken away by Jitendra Kalawat with ulterior motive and because the girl was minor and she is not in a position to take the decision of good or bad, therefore, the custody of Ku. Priyanka be given to the petitioner. It has been further argued by the learned counsel for the petitioner that the application under section 98 of Cr.P.C. filed by the petitioner is kept pending which is against the dictum of law. It has also been submitted that under section 6 of Guardian and Wards Act the right of natural guardian of minor is the paramount consideration of guardian in custody of minor and where the mother is willing to take care of the Ku. Priyanka as well as Ku. Priyanka is also willing to go with her mother, it was the duty of the Court to hand over Ku. Priyanka to her mother and the learned Trial Court ought to have decided the custody of Ku. Priyanka immediately leaving apart all the objections made by Jitendra Kalawat. It has also been submitted that the daughter of the petitioner is virtually in custody of Bal Samprekshan Grah and cannot be said that she is free to go anywhere she even has not been allowed to meet her father and mother. It has also been submitted that if Ku. Priyanka will kept in Bal Samprekshan Grah for a long time then her life will spoil by allowing her to remain in Bal Samprekshan Grah because atmosphere in such place is not so good