AI Structured Summary
Not yet generated for this judgment
Judgment
Learned counsel for the petitioner has submitted that the Judicial Magistrate, Hanumangarh (for short 'the court below' hereinafter) has grossly erred in rejecting application filed by the petitioner for handing over custody of respondent No.4, who happened to be legally wedded wife of the petitioner. Learned counsel for the petitioner has submitted that date of birth of the wife of the petitioner is 18.7.2001 and as such she is major, but the court below has not taken into consideration this aspect of the matter and has illegally passed the impugned order. It is further submitted that the respondent No.4 being legally wedded wife of the petitioner is willing to go with the petitioner, but without taking care of her wishes, the learned court below has refused to hand over her custody to the petitioner.
Learned Public Prosecutor has submitted factual report in relation to FIR No.433/2019 of Police Station, Mahila Thana, Hanumangarh for the offences punishable under Sections 363 and 143 IPC registered against the petitioner by the respondent No.3, who happened to be father of respondent No.4. In the case diary, the police have collected a school certificate pertaining to the respondent No.4 which suggests that her date of birth is 14.05.2002. Learned counsel for the petitioner has submitted that the said school certificate pertaining to the respondent No.4 is not correct as her correct date of birth has not been mentioned in it.
Learned counsel for the petitioner has placed reliance on birth certificate dated 31.5.2006 issued by the Gram Panchayat Sahajipur, Tehsil Hanumangarh.
Taking into consideration the above facts and circumstances of the case, I deem it appropriate to direct the Child Welfare Committee, District Hanumangarh to conduct enquiry regarding correct date of birth of respondent No.4 and submit a report before this Court on the next date of hearing.
The petitioner may appear before the Child Welfare Committee, District Hanumangarh on or before 27th of January, 2020 along with documents on which he is placing reliance.
The Child Welfare Committee is directed to conduct enquiry regarding correct date of birth of respondent No.4 after taking into consideration the relevant material placed before it and submit factual report before this Court on the next date of hearing.
Put up on 05.02.2020 as prayed.