Partly allowed

Smt. Kasturi W/O Ashok Pattar v. the State of Karnataka

Karnataka HC12 Sept 2022CRL.P/101227/2017

Case brief

AI extract

What is this about?

Petitioner sought quashing of Sessions Court order denying custody of a ward. The Court held that since the ward attained majority, the custody petition became infructuous but modified the order to let the ward leave the child-line and choose custody.

What did the court decide?

Petition disposed as infructuous; custody order modified to allow ward at liberty to leave child-line and choose stay with either party.

Smt. Kasturi W/O Ashok Pattar Vs the State… — Child Custody and Guardianship | Karnataka HC (2022)

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CRL.P No. 101227 of 2017

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 12^TH DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON'BLE MS. JUSTICE J.M.KHAZI

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CRIMINAL PETITION NO. 101227 OF 2017 (482-)

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BETWEEN:

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SMT. KASTURI W/O ASHOK PATTAR AGE: 53 YEARS, OCC: TAILORING AND HOUSEHOLD WORK, R/O: H.NO.372, ANANDWADI, SHAHAPUR, BELAGVI, TQ AND DIST: BELAGAVI.

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…PETITIONER

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(BY SRI. H R DESHPANDE, ADVOCATE)

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AND:

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ANNAPURNA CHINNAPPA DANDAGAL

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Digitally signed by ANNAPURNA CHINNAPPA DANDAGAL Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD.

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THE STATE OF KARNATAKA BY ITS TILAKWADI P.S., BELAGAVI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT: DHARWAD BENCH.

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SMT.MANJULA W/O RAMESHKUMAR BHANDARI, AGE: 36 YEARS, R/O: RANA, DIST: PAALI, STATE: RAJASTHAN, NOW AT: ANANDWADI, SHAHAPUR, DIST: BELAGAVI.

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…RESPONDENTS

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(BY SMT. GIRIJA S HIREMATH, HCGP FOR R1; SRI. PRITHVIRAJ HITTALAMANI, ADV., COF R2 )

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CRL.P No. 101227 of 2017

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., SEEKING TO QUASH THE ORDER DATED 13.06.2017 IN CRIMINAL REVISION PETITION NO. 153 OF 2016 PASSED BY THE COURT OF THE IX ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI AND ORDER DATED 06.11.2015 PASSED BY THE COURT OF JMFC-IV COURT, BELAGAVI IN TILAKAWADI POLICE STATION CRIME NO. 6 OF 2015 AND FURTHER ALLOW THE APPLICATION DATED 30.03.2015 (WHICH FILED ON 01.04.2015) IN TILAKAWADI POLICE STATION CRIME NO. 6 OF 2015 ON THE FILE OF COURT OF JMFC-IV, COURT, BELAGAVI.

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THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, COURT MADE THE FOLLOWING:

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ORDER

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Being aggrieved by the order dated 13.06.2017 in Crl.R.P.No.153/2016, by which the revision petition filed by the petitioner came to be dismissed, confirming order dated 06.11.2015 passed by the JMFC-IV, Belagavi in Crime No.6/2015, rejecting the application filed by both petitioner and respondent No.2 seeking interim custody of the child, petitioner has come up with this petition under Section 482 of Cr.P.C.

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CRL.P No. 101227 of 2017

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Though this appeal is listed for admission, with

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the consent of learned counsel for parties, it is taken up for final disposal.

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Petitioner is the mother of respondent No.2. The ward in question is the daughter of respondent No.2 and granddaughter of the petitioner. It is alleged by the petitioner that after the birth of the ward, respondent No.2 abandoned her and therefore, petitioner took care of her. However, on 17.01.2015, respondent No.2 filed a complaint alleging that petitioner and two others tried to kidnap the ward on 09.01.2015. Based on the same, Crime No.6/2015 came to be registered against petitioner and two others for the offences punishable under sections 323, 324, 366-A read with 34 of IPC. Later on, section 366-A IPC was deleted and charge sheet is filed for the offences punishable under sections 323, 325 read with 34 IPC.

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During the crime stage, both petitioner and respondent No.2 filed application seeking interim custody of the ward. However, both applications came to be rejected

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CRL.P No. 101227 of 2017

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and the ward was sent to the custody of child-line under the supervision of Child Welfare Committee.

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Aggrieved by the same, petitioner approached the District and Sessions Court in Criminal Revision Petition No.153/2016. Though the interim custody of the ward was given to the petitioner, at the final disposal the Sessions Court dismissed the petition and directed the ward to be given to the custody of child-line.

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The learned counsel for petitioner submits that now the ward has attained majority and therefore, the petition has become infructuous. However, the order handing over custody of the ward to the child-line is to be modified observing that the ward is at liberty to leave the child-line.

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Learned Amicus-Curiae representing respondent

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No.2 admit that the ward has attained majority.

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Having regard to the fact that the ward has attained majority, this petition no longer survives. However, the ward having attained majority is at liberty to leave the

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CRL.P No. 101227 of 2017

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child-line and stay either with the petitioner or respondent No.2 at her discretion. Accordingly, I proceed to following

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ORDER

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Petition is disposed of as having become

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infructuous.

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However, the order dated 13.06.2017 in Criminal Revision Petition No. 153/2016 handing over the ward to the custody of the child-line, United Social Welfare Association, Belagavi is modified.

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Having attained majority, the ward is at liberty to leave the child-line.

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Placing appreciation on record the assistance

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given by the amicus curie, his remuneration is fixed at Rs.3,000/-.

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Sd/JUDGE

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YAN

Smt. Kasturi W/O Ashok Pattar v. the State of Karnataka

Case brief

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Smt. Kasturi W/O Ashok Pattar v. the State of Karnataka

Case brief

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