DARSHAN SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application under Sec. 482 Crimial P.C. challenging the orders passed by the learned Munsiff and Judicial Magistrate, Badi dated 11-3-92 and 12-3-92 handing over Mst. Sonu, a minor girl, to the custody of Nari Niketan, Jaipur F.I.R. No. 129/92 was registered wherein the allegation was that accused Mukesh and Bachchu Singh have abducted Mst. Sonu. She was recovered and produced before the Judicial Magistrate, Badi. Her mother appeared in the court & wanted the custody of the girl. Surprisingly the court refused the application on the ground that the mother is not natural guardian, therefore, custody cannot be given to her. Nothing is indicated that there was any controversy before him between father & the mother regarding custody of minor, It was a case of a girl who had been abducted/enticed by accused persons & when she categorically told the learned Magistrate that she wants to go with her mother, he ought to have handed over the custody of the girl to her mother unless he was of the opinion, on the basis of some material on record, that it was not in the interest of and/or shall be counter to the welfare of the minor, in case the custody is given to the mother. The perversity of the order of the learned Magistrate is, when the father moved the application he rejected it mechanically by order dated 12.3.92. The orders passed by the learned Magistrate are virtually no orders in the eye of law and it is a glaring case where the orders of the Magistrate amount to abuse of the process of the court.

(2.) The petition is allowed. Custody of the girl Mst. Sonu is ordered to be delivered immediately to the father or the mother whoever approaches the Superintendent, Nari Niketan Jaipur.