SHOBA RANI Vs. SAFAID SINGH
HIGH COURT OF JAMMU AND KASHMIR
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(1.) THIS petition U/s 49. Cr. P. C has arisen in the following circumstances of the case. The petitioner happens to be the wife of the
respondent No. 3 and was married to him on 18. 6. 1983. The other two
respondents are her father in law and mother in law respectively. The
respondents hail from Poonch. A male child was born to the petitioner out
of her wedlock with respondent No 3 on 4. 4. 1984. The petitioner being a
Government servant working in the Civil Secretariat, she joined her duty
in the month of August, 1984. While leaving Poonch for Jammu, she was not
of allowed to take her babe along and was, allegedly, deprived of his
custody, by her inlaws. Her husband is also undergoing K. A. S. Coarse at
Jammu, and, therefore, it was prayed that orders for production of the
child in the const and his custody to the petitioner/mother may be passed.
(2.) THE respondents have filed objections to the petition, herein, the relationship as existing between the parties as also other material
particulars have been admitted. They have, however, denied to have
deprived the petitioner of the custody of her child. According to them,
the petitioner abandoned the child at Poonch so as to join her duty at
Jammu. They have resisted the custody of the child to be given to the
(3.) IN pursuance of the Court Order dated 33, 6. 1985, the child was produced in the Court on II. 5. 1985 and the interim custody of the child
given to the petitioner.
I have heard the learned counsel for the parties and have gone through the record.;
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