- (1.)THIS is an application under Section 431, Criminal P. C. by one Chandrakant N. Randeria of Bombay for the custody of his minor son Vijay born on 14-7-1947. His allegation is that his son aged 3 years is unlawfully detained at Indore by one Hiralal Shah, opponent who is the grand father (mother's father) of the minor Vijay. The petitioner Randeria was married to opponent's daughter Damayanti at Broach in the month of May 1948. After the marriage the petitioner lived happily with his wife at Bombay and that during the said marriage one son and one daughter were born out of the lawful wedlock of the petitioner and Damayanti.
(2.)THE petitioner's wife Damayanti died about the end of October 1949 at Bombay. Soon after the death of Damayanti, the opponent Hiralal Shah and his wife, the father and mother of the deceased, came to Bombay on a condolence visit. Hiralal and his wife stayed with the petitioner for 3 days at Bombay and at the time of his departure for Indore, the opponent Hiralal Shah requested the petitioner to allow him to take away the minor Vijay with him to Indore for a short period promising that Vijay would soon be sent back to Bombay. The petitioner out of deference to the wishes of his father-in-law and monther-in-law allowed them to take Vijay with them to Indore for a short stay.
(3.)AFTER some time the petitioner wrote to the opponent to send back Vijay to Bombay but the opponent Hiralal Shah went on evading and invited the petitioner to come to Indore. The petitioner was annoyed with the attitude adopted by the opponent and being anxious about the custody and possession of Vijay, the petitioner went to Indore on 4-3-1950. The opponent Hiralal Shah refused to hand over the custody and possession of the minor Vijay to his father, the petitioner. The latter had to return to Bombay alone without his minor son Vijay.
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