SANJANA SOVIYA Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2021-1-18
HIGH COURT OF MADHYA PRADESH
Decided on January 19,2021

Sanjana Soviya Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

Mohammad Rafiq, C.J. - (1.) The present intra-Court appeal has been filed under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 being aggrieved by the impugned order dated 03.05.2019 passed by the learned Single Judge in WP No.2790/2019 whereby the learned Single Judge dismissed the writ petition of habeas corpus and granted liberty to the appellant/writ-petitioner to prefer an appropriate application before the trial Court, as the questions of facts are involved and, therefore, no writ would lie.
(2.) Learned counsel for the appellant submitted that the appellant has adopted the child by a registered adoption deed. Since as per the provisions of Section 16 of the Hindu Adoption and Maintenance Act, 1956 (for short "the Act"), there is presumption of the correctness of the adoption, therefore, the appellant is entitled for custody of the child.
(3.) The appellant preferred the writ petition seeking custody of the female child, aged about two-and-a-half years, from the respondent No.4. The undisputed fact is that the respondent No.4 is the mother of the child and, therefore, she is the natural guardian. The appellant submits that she had taken the child after execution of a deed of adoption which was executed by the respondent No.4 in favour of the appellant and, thereafter the child was given to the custody of the appellant by the respondent No.4.;


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