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Judgment
Mr. Choudhury, learned advocate appears on behalf of petitioner, who is widowed mother of three minor children. Mr. Sharma, learned advocate, Additional Governnment Advocate appears on behalf of State and hands up his instrruction dated 5th May, 2024.
It is necessary for us to reproduce paragraphss 1 to 3 from our order dated 22nd April, 2024, made on moving the writ petition.
“1. Mr. Choudhury, learned advocate appearrs on behalf of petittioner and submits, his client is widowed mother of threee minor children. Her in-laws havee forcefully taken custody of them. She had earlier moved two writ petitionns, one of which was disposed of by order dated 10th Auugust, 2023 made by the learned Sinngle Judge, requiriing her to submit written report afrresh before Superintendent of Police, Bargarh. It was done but the police have not assisted his client for recoverring custody of her children.
Mr. Sharma, learned advocate, Additional Governnment Advocate appears on behalf of State. He points out, allegations have been made agaainst the in-laws buut none of them have been made parties.
Mr. Choudhury is given liberty to add the in-laws by makking amendment to the cause title in Court. It is to be couunter signed by Court Master. Photo copy of amended cause title to be handed over to Mr. Sharma with exxtra copies to be served by Mr. Chouddhury. State will thhrough concerned police personnel report on petitionner’s allegation of the in-laws having forcefully taken away custody of the children.”
We repproduce below three paragraphs from said instruction dated 5th May, 2024.
“On 26.03.2023, the husband of petitioner expired in a road accident near village Baitali under Jhaarbandh PS. In this regard, a cog case was registered at Jharbandh PS vide Jharbandh PS case No.50 Dt. 26.03.2023 U/s. 279/338/304(A) IPC. Few months before death of her husbannd, the petitioner has been staying separately and maintaining her livelihood as labour. The peetitioner did not paarticipate in the cremation ceremoony of her husbannd. Lekru Barik, the father-in-law of peetitioner has expiredd on 16.10.2018 and her mother-in-law has gone away somewhere after the birth of husband of petitioner. Nobody could able to say where about the present location of mother-in-law of petitioner.
After death of Sankirtan Barik, the husband of petitionner, the minor girl Sangita Barik has been staying at Sankri Ashram School, Sankri under Jhaarbandh PS and is a 7th class student of that school. Thee minor boy of petittioner has been staying at Jhitiki Ashram School under Paikmal PS, Dist. Bargarh and is a 4th class studentt of that school. The other minor girrl has been stayingg with her younger grandfather Bhagaabatia Barik (brotheer of late Lekru Barik), who is the uncle-in-law of petitionner and going to Anganwadi centrre for pre-education. Bhagabatia Barik is an unmarrried person and is taking care of three minor children of petitioner properly.
During enquiry it is ascertained that,, the minor childreen of petitioner are staying happily andd peacefully with thheir younger grandfathers Bhagabatia Barik and Chhedu Barik. In school vacation period, the grandfathers go to the school of minor chhildren and bring them to house to stay with them.”
Upon perusal of the instruction we are satisffied that custody of the childrren was not taken by force. Petitioneer must find her remedy by moving for custody before the compettent Court. With above observation the writ petition is disposed of.
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