SHANTI DEVI Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2000-4-59
HIGH COURT OF RAJASTHAN
Decided on April 25,2000

SHANTI DEVI Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

RAJESH BALIA, J. - (1.) A letter was received by this Court which was written on 2.12.1999 by Smt. Shanti Devi alleging that her husband has died and she has been ousted from her -in -laws house and her three minor children has been kept in illegal custody by her in -laws.
(2.) THIS court issued a notice to the Supdt. of Police, Hanumangarh calling upon him to cause production of minors Naresh Kumar, Sona Bai and Veerpal Kaur and inform the petitioner Smt. Shanti Devi also. In pursuance of this direction notices were issued fixing the date of hearing on 24.4.2000. On 24.4.2000 a detailed affidavit was furnished by Smt. Shanti Devi along with some documents. Smt. Shanti Devi along with her parents as well as three minor children along with their paternal grand -parents are present in the court. According to the assertions made in the application, the husband of the applicant had died on 14.3.1999. It is also apparent from the averments made in the petition that she was not living with her -in -laws at least since two month prior to the death of her husband who was suffering from Tuber -culosis and her husband and three minor children were living with their grand -parents in their parental house. Presently, we are not examining whether it is a case of petitioner's ouster from in -laws house or a case of voluntary abandonment. Though it has not been disclosed in the additional affidavit furnished on behalf of Smt. Shanti Devi, but on inquiry made from the learned Counsel now appearing for Smt. Shanti Devi; on the basis of other documents furnished along with additional affidavit it was revealed that a criminal complaint was lodged against the father -in -law and mother -in -law for the demand of dowry. It was further revealed that in fact after about 9 years of her marriage, a complaint was lodged for the first time about three days after the death of her husband on 17.3.1999. The allegations made in the complaint is merely in the nature of claiming the items given by the parents of the lady during the course of their marriage which include a bed, Jwellery and other house -hold articles. The claim was laid for all these articles as 'Stree -Dhan' of the applicant.
(3.) THE veracity of assertions made in the complaint is yet to be examined by the appropriate authority. We refrain ourselves from making any comments on merit of the complaint. However, for the present purposes suffice it to state that in the chain of events, this complaint does not support the case of the petitioner about the custody of her minor children with the paternal grand -parents to be illegal and unlawful.;


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