JUDGEMENT
ANANT BIJAY SINGH, J. -
(1.) Pursuant to order dated 150.05.2017 both the parties were directed to remain physically present before this court. Petitioner is physically present
alongwith learned counsel but O.P. Nos. 2 & 3 are not physically present though
counsel for the O.P. Nos. 2 & 3 are physically present and has stated that the due
to flood, O.P. Nos. 2 & 3 are not physically present.
(2.) It appears that under order dated 15.05.2017, the mother of victim- Jannati Khatoon along with victim was directed to appear before the Child Welfare Committee,
Hazaribagh on 22.05.2017 and on their appearance, the
Child Welfare Committee was directed to hold enquiry and submit a report to
this court and learned Chief Judicial Magistrate, Hazaribag was also directed to
coordinate with the Child Welfare Committee for proper inquiry and to send an
independent report in this regard to this court.
From perusal of office note, it appears that both the reports have been received.
(3.) From perusal of report dated 07.06.2017 of the Child Welfare Committee, Hazaribag in which it has been mentioned that the child along with his mother was in
presence before them on 23.05.2017 and after asking and enquring
about her background both financially and resource wise, we came to the view
that the mother of the child is not fit financially for the proper upbringing of the
child. She, apart from the victim has four more children and the victim being the second most
eldest child of the family. The father of the victim has no whereabouts and vists the
family only once or twice and has no financial contribution in the family for the well-being
of his children. It has also been mentioned that the petitioner and his family have been
helping her family financially from a long time even before the time when the victim was sent to
the Syed Omar Farooque's (petitioner) home for proper upbringing and
education and is still helping her and her family. It has also been mentioned that
at present the victim is studying in a school in his village ie. Dudhpura. The
mother of the victim emphasizes on keeping the child with her as the victim is
already on roll in a school in her home village and getting help financially from Dr. Syed Omar
Farooque (petitioner) and his family willingly and whenever needed.;
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