BEATA AGNIESZKA SOBIERAJ Vs. STATE OF HIMACHAL PRADESH
LAWS(SC)-2016-8-92
SUPREME COURT OF INDIA
Decided on August 22,2016

Beata Agnieszka Sobieraj Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

- (1.) Leave granted. We have heard Mr. Pritpal Singh Nijjar, learned counsel for the appellant, and Mr. D.K. Thakur, Advocate representing respondent nos. 1 and 2.
(2.) A perusal of the office report reveals, that respondent no.5, namely, Mr. Amarjit Singh, the father of the child in question, has been duly served. It is not a matter of dispute, that the father of the child has no objection to the handing over of parental custody of Julia Isabella Sobieraj to the appellant - Beata Agnieszka Sobieraj, the mother of the child.
(3.) We find no justification whatsoever in the High Court handing over the custody of the child to the institution, where the child is admitted for education,on the affirmation by the institute itself, that it would look after the child, as also, not charge any fee from the child. The handing over of custody to an institution, while ignoring the claim of a parent, especially the mother of the child, is not acceptable.;


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