MEERA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present petition has been preferred by the petitioner for getting custody of the boy, namely, Sunil Oraon alias Ravish alias Kittu Kumar. It is contended by the counsel for the petitioner that the boy, who was found in the custody of respondent No.7, is the son of the petitioner and she had lost the boy (her son) previously. The petitioner's son was missing since th March, 2010. Information to this effect was given to Sukhdeonagar Police Station, Ranchi, but, no step was taken by the police. Thereafter, the petitioner got the whereabouts of her son and ultimately they found their son. They reached to the concerned police station again and had gone to the house of respondent No.7. The boy was identified by the petitioner and another sister and brother of the boy, but, the respondent No.7 refused to give custody of the boy to the petitioner and, therefore, the present petition has been preferred for getting custody of Sunil Oraon alias Ravish alias Kittu Kumar to the petitioner.

(2.) THIS Court vide order dated 7th November, 2012, had called the boy in the Court along with the police and along with one Pachwa Devi, wife of Fulchand Mahli, of village Ganeshpur, P.S. Chanho, District - Ranchi, who is Board Member of Village Ganeshpur, P.S. Chanho, District Ranchi. The matter was fixed for 8th November, 2012. On that day, this Court had directed the respondents -State authorities to carry out DNA test of the petitioner as well as the respondent No.7 as well as the boy for determination of motherhood. The necessary blood samples were drawn by the Forensic Medicine and Toxicology, Rajendra Institute of Medical Sciences, Ranchi (RIMS). The blood samples were properly sealed and the blood samples along with impression of the seal were forwarded to the State Forensic Science Laboratory, Ranchi. By the said order, this Court had directed to present the report of the Forensic Science Laboratory before this Court. The said report was received on 27th November, 2012 and again a detailed order was passed by this Court. The sealed cover was open and the copy of the report was given to the counsel for both sides. Looking to the said report given by the Forensic Science Laboratory, Ranchi, the DNA profile of Sunil Oraon alias Ravish alias Kittu Kumar is matching with the DNA Profile of the petitioner. The said report is on the record of this writ petition. There is a further clarity given in the Forensic Science Laboratory report that the DNA profile of Sunil Oraon alias Ravish alias Kittu Kumar is not matching with the DNA report of Smt. Bolo Oraon (respondent No.7) and the conclusion given by the Director of Forensic Science Laboratory, Ranchi in the report is that Sunil Oraon alias Ravish alias Kittu Kumar is a biological male child of Smt. Meera Devi (petitioner). The respondent No.7 was also in the Court on the said day. With a view to give chance to represent through lawyer, we had appointed a Senior Counsel as well as an Advocate on record. On the next date i.e. th December, 2012, the said Senior Advocate Sri Binod Poddar, who was appearing as a counsel on behalf of respondent No.7, showed his inability to appear. Then, we appointed Sri Ramesh Kumar Singh, learned Advocate, to be assisted by Sri Ashish Verma. Today, we have heard learned counsel for both the sides at length.

(3.) COUNSEL for the petitioner vehemently submitted that it is not the case of respondent No.7 that she is a biological mother, looking to the statement recorded by the police. A case was already registered by the police and the police have recorded certain statements. The respondent No.7 has stated before the police that respondent No.7 was given custody of the boy by one Jitendra Pandey, who is driver of one truck. Now the question is of whose boy was in the custody of Jitendra Pandey. The police has stated that Jitendra Pandey got the custody of boy from Namkum Railway Crossing where he had seen the boy walking all alone and, from there, he had taken custody of the body and, ultimately as the truck driver was belonging to Village Ganeshpur, the custody was given to respondent No.7. Whereas the petitioner had already approached the Police Station namely Sukhdeonagar Police Station, Ranchi that the boy was missing since 17th March 2010. Moreover, the boy had also identified the present petitioner when the petitioner had gone to respondent No.7. Petitioner had one more son and daughter, who are brother and sister of the boy in question. This boy Sunil Oraon alias Ravish alias Kittu Kumar also identified his brother and sister who are son and daughter of the present petitioner. Moreover, the DNA test report has also clearly stated that the petitioner is biological mother of the boy namely Sunil Oraon alias Ravish alias Kittu Kumar and in view of this, the custody of the boy may now be handed over to the petitioner. Counsel for the petitioner has submitted that no error has been committed by the respondentsState authorities in drawing the blood samples of the petitioner and of the boy and of the respondent No.7. The blood samples of the three persons were drawn by Forensic Medicine and Toxicology, Rajendra Institute of Medical Sciences, Ranchi. All the three blood samples were properly sealed. The impression of the seal was also given and in a sealed cover, it was got reached to the Forensic Science Laboratory, Ranchi. Looking to the report given by the Forensic Science Laboratory, Ranchi, the seals were intact. Secondly, the seal was matching with the impression of the seal given by the Forensic Medicine and Toxicology, Rajendra Institute of Medical Sciences, Ranchi. Thus, in a properly sealed condition, the blood samples reached the Forensic Science Laboratory, Ranchi, where, they were opened, necessary tests were carried out and DNA Profile of the boy is now matching with the DNA profile of the petitioner. It is also stated in the report given by the Forensic Science Laboratory that the DNA profile of the boy is not matching with the DNA profile of the respondent No.7 and the conclusion reached by the Director as well as Deputy Director of the Forensic Science Laboratory, Ranchi is that Sunil Oraon alias Ravish alias Kittu Kumar is the biological male child of Smt. Meera Devi (petitioner). It is also submitted by the counsel for the State that even as per the respondent No.7, the boy is not the son of respondent No.7. In fact, the boy was walking all alone near Namkum Railway Crossing. It was submitted by the counsel for the State that husband of petitioner had gone to Gorakhpur (Uttar Pradesh)where they lost their son, whereas it is submitted by the counsel for the State that the custody of Sunil Oraon alias Ravish alias Kittu Kumar was initially got by one Jitendra Pandey, who is a truck driver while this boy was all alone walking nearby Namkum Railway Crossing which is nearby the capital of the State of Jharkhand. He took the custody of the boy with him and as he was belonging to Village Ganeshpur, P.S. Chanho, District Ranchi, he reached with the boy at Village Ganeshpur where he handed over the custody of the boy to respondent No.7. Thus, the respondent No.7 is not mother of the Sunil Oraon alias Ravish alias Kittu Kumar and this aspect of the matter has now been scientifically clarified by the report given by the State Forensic Science Laboratory, Ranchi and, therefore, custody of the boy may be handed over to the petitioner. It is also submitted by the counsel for the State that if the respondent No.7 wants to file any declaratory suit for proving that she is mother of the boy, she can do so by initiating an independent proceeding, but, so far as this proceeding is concerned, there is DNA test report in favour of the petitioner and, therefore, custody of the boy may be handed over to the petitioner.