UGANTI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant petition has been filed by a widow lady claiming custody of her three minor children, details of which she has referred to in para-1 of the petition.

(2.) Ordinarily, in the absence of husband, mother is the natural guardian of the minor children and custody has to be with her but in the given facts & circumstances which have been brought to our notice, does not deserve indulgence of the fact being prayed and custody with the paternal uncle of three minor children can be said to be illegal custody has to be examined by us in the present matter.

(3.) The petitioner's husband late Ram Bhajan, as alleged and as stated by the petitioner, committed suicide on 24.04.2016 but the elder brother of the deceased (petitioner's husband) lodged a written report that it was a case of a crime being committed by the petitioner and not a case of simple suicide and on his written complaint FIR No.95 date.24.04.2016 was registered at Police Station Bamanwas, District Sawai Madhopur and after investigation charge sheet came to be filed against the petitioner along with the paramour Pappu S/o Kishan u/Sec.302 & 201 IPC and after the charge being framed, the petitioner is facing trial and one of her elder daughter Miss Kavita happens to be a Prosecution Witness in the calendar of witnesses and the children are presently with their parental uncle for more than a year obviously after the death of their father on 24.04.2016 and the petitioner after remaining in the judicial custody for six months was granted post arrest bail u/Sec.439 of the Code.