G.S.S. SITARA Vs. STATE OF BIHAR
HIGH COURT OF PATNA
STATE OF BIHAR
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(1.) This writ application has been preferred seeking guardianship of the minor female child of the petitioner who is said to be in the alleged inappropriate custody of the husband of the petitioner (respondent no. 4). A writ in the nature of writ of Habeas Corpus has been applied for invoking the extraordinary writ jurisdiction of this Court.
(2.) The petitioner and respondent no. 4 were married to each other in accordance with Hindu rites and customs in the State of Tamil Nadu on 4/9/2017. The petitioner was earlier working as a Senior Systems Engineer in a well-known IT company. Respondent no. 4 is in Indian Administrative Service, presently posted as District Magistrate of Sheohar in the State of Bihar. The petitioner and respondent no. 4 got a female child/daughter named 'Heera ' on 27/11/2018 at Chennai and at presently she is little more than 3 years of age. The daughter is presently in the custody of Respondent No. 4. Later, the couple got a male child/son who is with the petitioner.
(3.) The petitioner and respondent no. 4 seem to have developed matrimonial discord leading to registration of Muzaffarpur Town P.S. Case No. 450 dtd. 18/6/2021 for the offences alleged under Sec. 498A, 279, 337 and 338 of the Indian Penal Code. It is the case of the petitioner that respondent no. 4 has no control over his rage. The petitioner had been allegedly assaulted violently on 1st of March, 2021 and 3rd of March, 2021 as a result whereof she was compelled to shift to the government quarter in Muzaffarpur along with her two kids. It is her case that she was shifted to government quarter in Muzaffarpur by the higher bureaucracy as a result of her mother 's complaint to the Bihar Police on 1st of March, 2021.;
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