Anil Kumar Prabhakar vs O.P.Sharma & Ors
2010 Latest Caselaw 2448 Del

                                                           UNREPORTABLE


*      IN THE HIGH COURT OF DELHI AT NEW DELHI


                 C.M. No.7438/2010 in FAO No.219/2001


                                           Date of Decision: May 06, 2010


       ANIL KUMAR PRABHAKAR                  ..... Appellant
                    through Mr. A.S.Kulshrestha, Advocate

                       versus


       O.P.SHARMA & ORS                 ..... Respondents
                     Through respondents No.2 to 4 in person

       CORAM:
       HON'BLE MISS JUSTICE REKHA SHARMA

1.     Whether the reporters of local papers may be allowed to see the
       judgment? No
2.     To be referred to the reporter or not? No
3.     Whether the judgment should be reported in the 'Digest'? No

REKHA SHARMA, J. (ORAL)

This is an application by the appellant whereby he has prayed

that the custody of Baby Swati be given over to him. The appellant is

the father of Baby Swati. Her mother had died under unnatural

circumstances when she was about 2½ years old resulting in the

registration of a case under Sections 498-A/304-B/34 of the Indian

Penal Code against the appellant. However, on September 15, 2006,

he was acquitted in the said case.

The appellant had moved the trial Court for taking custody of

the child which was denied to him. Against the order of the trial

Court, he preferred an appeal before this Court. The appeal was

disposed of on April 03, 2002. In the order so passed, the appellant

was granted visiting rights and was also granted liberty to move an

application for the custody of the child after two years of the passing

of the order. In view of the liberty so granted, the appellant has filed

the present application.

Baby Swati is present in the Court today along with her

maternal uncles and maternal grand-mother with whom she has been

living since the death of her mother. She states that she is 17½ years

of age. She further states that she now wants to live with her father.

Her maternal uncles and maternal grand-mother have no objection if

her custody is handed over to the father.

Having regard to the above and in view of the willingness of the

child, Baby Swati who is fairly mature now being 17½ years of age, I

see no reason for not handing her over to her father. Hence, the

application is allowed. The custody of the child, Baby Swati is given

to the appellant who is present in the Court.

The application is disposed of.

REKHA SHARMA, J.

MAY 06, 2010 ka