SHAH ZABEEN AHMED Vs. STATE

JUDGEMENT

(1.) Present revision petition has been filed by Shah Zabeen Ahmed, mother of two minor daughters praying that the custody of the girls be handed over to her as she is the natural guardian. It has been also pleaded in the present petition that the order dated 19th November, 2011, passed by the learned 7th Judicial Magistrate, Alipor, South 24-Parganas, in Complaint Case No. C-10298 of 2011, whereby custody of the minor girls has been handed over to father be set aside. Briefly stated, Shah Zabeen Ahmed was married with Ayaz Ahmed @ Raju on 16th April, 2004, according to Muslim Rites and Custom. It is not disputed that marriage was registered by Muslim Marriage Registrar and Kazi. After marriage, petitioner cohabited as wife with opposite party No. 2 and out of wedlock two daughters were born on 22nd November, 2004, and 2nd March, 2006 respectively. As on today, eldest daughter is less than eight years of age and the younger daughter is six years old.

(2.) It is alleged in the petition that after the birth of the second girl, petitioner was mentally and physically tortured by the opposite party Nos. 2 and 3. Further it has been alleged that she was physically assaulted. It has been specifically stated in para 4 of the revision petition that opposite party No. 2 compelled to make petitioner sign on some blank papers and on protest, she was mercilessly beaten. A case under section 498A/406/323/325/120B/34 IPC had been registered against the opposite party No. 2 at Karaya Police Station.

(3.) Petitioner had lodged a complaint under section 97 Cr.PC praying for issuance of search warrant for recovery of two minor girls who were illegally confined by opposite party No. 2, herein. It is stated in the above said complaint, such warrant was issued and the girls were produced before the Court below. The Court below rejected the prayer of the petitioner on the ground that the girls had been living with their father for the last one year and there was nothing on record that the father Ayaz Ahmed was incapacitated to give proper care and protection to both the girls. It was further stated that the girls whose custody was sought for are the students of a school. During the course of arguments it is informed that girls are studying in Class-I and Class-II.