KH. SANJEEV KUMAR SINGH Vs. O. MEMA DEVI

JUDGEMENT

(1.) Heard Mr. AM Bora, learned counsel for the petitioner and Mr. AU Ahmed, learned counsel for the respondent.

(2.) The petitioner herein entered into marriage with the respondent 07.03.2014 and after two years of the marriage a child was born to the parties on 02.04.2016 but after the birth of the child the respondent wife develop serious physical ailment like paralysis and convulsion for which she has undertaken various treatment at various places. She was under treatment at Valley hospital, Silchar and thereafter she was shifted to GNRC, Guwahati where there was operation for her gynological as well as neurological problem and thereafter she continued her treatment through physiotherapist in her in-laws house but her problem persisted for which she had to take help of her servant to look after the child and in the meantime, she also continued her job as lecturer in the college. Thereafter, in the year 2017 she went for treatment at Apollo hospital, Chennai. On 10.10.2017 she went to her paternal house by keeping the child in the custody of her husband but in the meantime, as she could not recovered from her physical discomfort she decided to stay in her parental house and did not want to go to her husband's house endangering her life, so she requested her husband to bring the child so that she can see the child. Accordingly, on 25.01.2019, while she was at Valley hospital, Silchar her husband took the child to the hospital for two hours and thereafter he returned. On the very next day i.e. on 26.01.2019 she went to the house of the husband to bring back her child along with O/C Sadar thana, Silchar but she was not allowed to see the child for which she filed a petition before the Deputy Commissioner, Cachar, Silchar with the aforesaid contention that she being a mother has the right to take the child from her father as she is suffering from tension for not having the child with her. In her petition, she has stated that as per Section 6 of Hindu Minority Guardianship Act, she is the natural guardian of the child and so she should be given the custody of the child. The said petition was filed on 28.01.2019 under Section 97 of the Cr.P.C. The said petition was forwarded to the Additional District Magistrate, Cachar, Silchar to dispose of the matter and accordingly the learned Additional District Magistrate drew up a proceeding under Section 97 of Cr.P.C. and registered a case bearing No.52M/2019 and issued search warrant to search the house of the present petitioner for recovery of the child of the parties. The petitioner herein also filed his written statement before the court for which the court took up the matter for hearing and finally on 26.02.2019 passed order as follows:

(3.) This revision was preferred by the petitioner against the impugned order before the Court of Session Judge, Cachar, Silchar and the learned revisional court upheld the order with the following observation: