The grandma, who is personally responsible for the child’s welfare, has the best interest of the minor child in mind: Patna High Court.
Anjali Raut @ Anjali, W/o Late Abhishek Kumar, Resident of Village Belwaganj, Laheriasarai, Abdullahpur, Darbhanga, Bihar – 84600 against The State of Bihar, filed this complaint.The verdict in the case of ANJALI RAUT @ ANJALI vs the Director General of Police of the State of Bihar.Citation:CR.Honorable MR. served WJC No. 133 of 2022).Honorable MR. ASHWANI KUMAR SINGH and JusticeHARISH KUMAR, JUSTICE
Facts of the case
The petitioner has requested that the respondent authorities be directed to release the petitioner’s minor son from the private respondents’ illegal detention in the current habeas corpus writ application.The individual respondent names5, 6, and 7 are the petitioner’s father-in-law, brother-in-law, and sister-in-law, respectively.The petitioner asserts that she lost her husband on April 27, 2021.She has a son named Aditya Kumar, who is approximately ten years old.The petitioner’s in-laws currently have custody of the child.The petitioner also says that on December 28, 2020, prior to her husband’s death, she was kicked out of her marital home by her in-laws.The private respondents’ numbers are5 and 6, as well as 7, have unlawfully retained custody of her young child.
Judgement
In light of the facts and arguments advanced by both parties, the Hon’ble Court concluded that the respondent authorities cannot be directed to release the petitioner’s minor son and transfer custody to the petitioner until the petitioner is brought before the court.The court also says that the petitioner has a similarly effective statutory remedy for her complaint under the Guardianship and Wards Act.The parties’ pleadings would indicate that a Guardianship and Wards Act application has already been filed with the appropriate court and is awaiting adjudication.inclination to consider the current application accordingly.The petitioner is granted permission to pursue her claim under the Guardianship and Wards Act at the appropriate Darbhanga court.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
JUDGEMENT REVIEWED BY ROLI NAYAN.