(1.) This is an application by which the Sub-divisional Judicial Magistrate, Arrah has directed the petitioner to produce the two daughters of the complainant for being delivered to the latter in the following circumstances.
(2.) It appears that a complaint was filed by the opposite party to the effect that she was residing at her father's place and that she had gone to Arrah and during her absence her two daughters, one aged about 13 years and the other about 7 years, had been kidnapped by the petitioner, who happens to be the father's father of the aforesaid two girls. The complaint aforesaid was lodged against the petitioner and his two sons, in other words the two uncles of the girls aforesaid. During the pendency of the proceeding the complainant made a request for issue of a search warrant. The petitioner, however, produced the two girls in court of the Sub-divisional Judicial Magistrate, who took down the statement of the elder girl and the latter refused to go and live with her mother and expressed her willingness to live with the petitioner. As a result, by his order dated 30th of March, 1976 the Magistrate directed the girl to remain in the custody of the petitioner on his executing a bond. Subsequently the complainant filed a petition for the custody of the girls on the ground that she was their natural guardian. The elder girl was examined again and the parties were heard. As a result, the Magistrate passed the impugned order.
(3.) Counsel for the petitioner has urged that the learned Magistrate has erred in allowing the custody, because the elder girl had clearly stated that she did not wish to live with her mother but with the grandfather. Secondly, that the Magistrate has passed the aforesaid order merely because under the Hindu Minority And Guardianship Act, 1956 the mother happens to be the natural guardian of the girls without considering that it was in the interest and welfare of the girls that they should have been allowed to stay with their grandfather.