ROSHNI DEVI Vs. MAHABIR SINGH AND ORS.

JUDGEMENT

(1.) This is a Criminal Writ Petition in which a direction has been sought that the two children Saroj a girl aged 13 years and Kishan Kumar aged 11 years be handed over to Roshni Devi-the petitioner (their mother) as they are being illegally detained by Mahabir Singh and Ram Singh the brother of the deceased husband of the petitioner and the grand father of the children respectively. The case of the petitioner is that her husband had died seven years ago, while he was serving as a conductor in the Haryana Roadways and the petitioner was appointed as peon in Roadways on compassionate ground. It appears that on Aug. 2,1993, the respondents came to the house of the petitioner and while she was away to work, removed the children and took them to their village in Hissar. The present petition was, accordingly, Filed seeking their release. A warrant Officer was appointed by me on June 17, 1994 and the children were recovered and are a present in Court along with respondent No.l and their grand father . I talked to the children in private and from their answers, it appears that they are extremely intelligent and well aware of what is going on around them. They, however, showed their disinclination to go with their mother and the girl in, fact made some allegations about her character. It also transpired that vide an order of the District Judge, Hissar, passed way back in 1989, it had been directed that the mother would be the guardian of the children. It is also the admitted case of the parties that an application under Sec. 25 of the Guardian and Wards Act, is already pending before the District Judge, Chandigarh, and is now fixed for Aug. 31,1994. The case of the petitioner is that despite the fact that though the said application was filed about a year ago, the respondents are evading service so that no progress towards the disposal of the same has been made so far.

(2.) Mr. R.S. Chauhan, learned counsel for the respondents stated that they have no objection to the children going with the mother provided they so desire.

(3.) As already pointed out, the children are not inclined to go with their mother, but on the other hand, the order of the District Judge, Hissar, referred to above has directed that the children should be in the custody of the mother. It is also clear that the children had been living with their mother from the date of the death of their father seven years ago till Aug., 1993 when they are alleged to have been taken away to Hissar. In view of the facts and circumstances of there case, more particularly the order of the District Judge, Hissar alluded to above and also because there appears to be some attempt to tutor the youngsters to give suitable replies, it would be in the fitness of things that the children should spend some time with the mother and I, accordingly, direct hat the children should go with their mother from this Court today till June 27, 1994 when the mother will return the children to the house of the respondents in District Hissar. It is also directed that the respondents herein who are said to be evading service in the application filed under Sec. 25 of the Guardian and Wards Act, will appear before the court on July 16,1994 and the date already fixed in the case i.e. Aug. 31, 1994 will be preowned by the Presiding Officer. It is also directed that the Presiding Officer will dispose of the application aforesaid as soon as possible, but not later than three months from the above said date. The present petition stands disposed of in the above terms, with liberty to the parties to move this Court for any clarification they need in this regard. Petition dismissed.