RUBI VARU Vs. SANDEEP VARU

JUDGEMENT

(1.) Aggrieved by order dated 05.03.2013, whereby the application seeking immediate custody of her minor daughter has been dismissed, the petitioner has approached this Court by filing the present writ petition.

(2.) The brief facts as narrated in the writ petition are that, the marriage of the petitioner was solemnised with one Sandeep Varu on 15.04.2009 and a female child namely, Jiya Varu was born on 11.03.2010. Though, an amount of Rs. 2,00,000/- in cash and gold ornaments worth Rs. 1,50,000/- and other domestic articles were given in the marriage by the family of the petitioner, only three months after the marriage, the petitioner was subjected to various acts of cruelty. The respondent compelled the mother of the petitioner to pay a sum of Rs.70,000/- in cash for purchasing motorcycle. The husband of the petitioner maintained illicit relationship with another women namely, Jiya Parween and when the petitioner objected to it, she was brutally assaulted and driven out of her matrimonial home on 14.03.2012. The matter was reported to Mahila Koshang on 14.03.2012 at Jamshedpur and thereafter, her husband on 20.03.2012 took her again to home. However, on 08.05.2012, the petitioner was again ousted from her matrimonial home and the family members of the respondent forcibly snatched her minor daughter who is since then in the custody of the respondent and therefore, the petitioner was constrained to file Guardianship Case No. 14 of 2012.

(3.) The learned counsel appearing for the petitioner refers to Section 6 of The Hindu Minority and Guardianship Act, 1956 and submits that the petitioner being the mother is entitled for immediate custody of her daughter who is aged only about 2 years. The manner in which the petitioner was treated by the respondent and thrown out of her matrimonial home is sufficient to infer that her minor daughter cannot be looked after properly by the respondent and it is in the welfare of the child that the custody of the child namely, Jiya Varu be given to the petitioner.