MANISHA MAHESHWARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is the biological mother of the minor child Santosh @ Archit. Undisputedly, at the instant moment, the above minor child is in the custody of co-respondents No. 5 and 6, who became impleaded, as such, through an order made by this Court, on 22/2/2021, upon, CRM-W-140-2021.

(2.) The facts necessary which relate(s) to the assumption(s) of custody of the minor child Santosh @ Archit are that, co-respondents No. 5 and 6 assumed the custody of the above minor child, on May/June,2018 from one Anupam Muni, who is arrayed as co-respondent No. 4. The petitioner was at the relevant stage a disciple of corespondent No. 4, and, since she had divorced her previous husband, therefore, co-respondent No. 4 persuaded her to marry his disciple Jagdish. The said marriage was solemnized on 10/2/2018. At the time of the petitioner solemnizing second marriage with Jagdish Rai, thus, she through Annexure R-4/1, handed over the custody of her minor child, to co-respondent No. 4. Annexure R-4/1 is claimed by corespondent No. 4 to be signatured by the present petitioner. However, in the rejoinder filed by the petitioner to the reply of co-respondent No. 4, she submits that the said document is a false, and a forged document. She further denies the contents of Annexure R-4/1 being written by her or the same being signed by her. However, the said denial is left open to be made before the learned civil Court concerned, whereto, the parties have been relegated to make a recourse rather for claiming the ultimate/ final custody of the minor child. The contents of Annexure R-4/1 are extracted hereinafter.

(3.) Moreover, further the delivery of interim custody to co- respondents No. 5 and 6, has been granted by this Court, but after interacting with the minor child, and, thereby this Court concluding that the minor child is happy to reside in the company of co-respondents No. 5 and 6.