Dismissing a miscellaneous petition where the petitioner challenged an order handing over child custody to the grandfather. The court rejected the challenge as bereft of force, citing pending Guardian and Wards Act proceedings as the appropriate remedy.
The miscellaneous petition and the stay petition are dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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S.B. Criminal Misc. Petition No.1025/2011
Smt. Amrata Devi. Vs. State of Raj. & Anr.
Date of Order :: 9.2.12.
HON'BLE MR. JUSTICE SANDEEP MEHTA
None present for the petitioner.
Mr.KK Rawal, PP. for the respondent State.
Mr.JR Beniwal, Sr.Adv. A/w Mr.BL Choudhary, for the respondent no.2.
The present misc. petition has been preferred by the petitioner challenging the order dated 16.6.2011 passed by the learned Additional Chief Judicial Magistrate, Sujangarh directing handing over the custody of child Abhishek to his grand father – respondent no.2.
The child was directed to be kept before this Court on 1.9.2011 and on that day, the child specifically intimated this Court that he desires to stay with his grand parents.
Learned senior counsel pointed out to this Court that the petitioner has already filed an application under the Guardian and Wards Act before the learned Additional Sessions Judge, Sujangarh.
Resultantly, this Court feels that the appropriate remedy which the petitioner should pursue is the proceeding under the Guardian and Wards Act, which is already in pendency.
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In view of the above, this Court is of the opinion that there is no illegality or abuse of process of court in the impugned order.
Resultantly, the present misc. petition, being bereft of
any force, is hereby dismissed.
Stay petition also stands dismissed.
(SANDEEP MEHTA), J.
S.Phophaliya
1 issue framed by the court
Whether the dismissal of the miscellaneous petition challenging the custody handover order to the child's grandfather is sustainable given the availability of proceedings under the Guardian and Wards
Smt. Amrata Devi
State of Raj.
Respondent no.2
SANDEEP MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
