Bombay High Court
Shrushti D/O Ajay Dhanvijay, Thr. ... vs The State Of Mah. Thr. Pso, Ps ... on 15 March, 2022
Bench: Avinash G. Gharote
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL WRIT PETITION NO. 878/2021
Ku. Shrushti Ajay Dhanvijay thr Natural Guardian Mother Aarti Ajay Dhanvijay
...vrs... State of Maharashtra
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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Mr. R.M.Patwardhan, Advocate for the petitioner
Ms. Mayuri Deshmukh, APP for Respondent/State
CORAM : AVINASH G. GHAROTE, J.
DATE : 15/03/2022
1] Heard Mr. Patwardhan, learned counsel for the
petitioner and learned APP for respondent/State.
2] The petition seeks to challenge the order dated
2.8.2021 passed by the Child Welfare Committee, Nagpur,
dismissing the application of the petitioner for the custody of
the minor child and the judgment by the learned Sessions
Court dated 14.10.2021, dismissing the appeal.
3] Mr. Patwardhan, learned counsel for the
petitioner by placing reliance upon Sections 90, 91 and 99 of
the Juvenile Justice (Care and Protection of Children) Act
submits that the statement and wishes of the child have not
been taken into consideration and so also the factor that the
mother, who is the applicant, is ready to take care of the
child, has also not been considered. It is further submitted
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that the fact that the mother has remarried, is of no
consequence, as that does not disentitle her from taking care
of the child.
4] Learned APP opposes the application and
submits that the child has been pushed into the flesh trade
due to the apathy on part of the mother which itself is a
singular factor disentitling the mother from claiming custody.
5] On 17.5.2021, the child was found in the flat of
the accused in which a bogus customer was sent by the police
authority to trap one Archana Vaishanpayan who was claimed
to have been earning her livelihood by luring minor girls in
the business of prostitution. The child in question was found
in the premises owned by the aforesaid lady in the trap
conducted by the police authority, as a result of which the
child has been sent to Karuna Vasatigruh for her protection
and care, where she is lodged since then. It is undisputed that
though the person who has made the application dated
21.6.2021 for release of the custody of the child in her favour,
claims to be her mother, it is not disputed that the mother as
well as the father of the child had remarried and the child
was in the custody of the grandmother from whose custody
she has been lured into the flesh trade. The order dated
2.8.2021 has taken into consideration the reports placed on
record by the concerned police station; by the Karuna Mahila
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Vasatigruh as well as the House Enquiry Report dated
6.7.2021, all of which are negative and therefore, has opined
that the custody of the child ought not to be given to the
applicant/mother. The learned Sessions Court has also taken
into consideration the aforesaid reports and the fact that the
child was never in custody of the mother, after her
remarriage. There is also nothing on record to indicate that
after her remarriage, the mother was taking due care and
attention of the child in question, though at times it is stated
in the report (page 53) that the child stayed with the mother.
6] Considering the above position, I am not inclined
to interfere in the petition, as the factors on record indicate
that the interest of the child would best be served and
protected by continuing her custody with the Karuna Mahila
Vasatigruh. The petition is therefore dismissed.
JUDGE
Rvjalit
Digitally sign byRAJESH
VASANTRAO JALIT
Location:
Signing Date:15.03.2022 17:16
