Delhi High Court
Mahender Singh vs State (Govt Of Nct Of Delhi) And ... on 6 March, 2018
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment pronounced on: 6 March, 2018
+ W.P.(C) 10870/2016
MAHENDER SINGH ..... Petitioner
Through Mr. Rahul Kadyan, Adv.
versus
STATE (GOVT OF NCT OF DELHI) AND ANR.
....Respondents
Through Mr. Santosh Kr. Tripathi, ASC
for R-1 & 2.
Ms. Vibha Mahajan Seth, Adv.
for R-3.
CORAM:-
HON'BLE MR. JUSTICE RAJIV SHAKDHER
RAJIV SHAKDHER, J. (ORAL)
1. This is a writ petition in which a direction is sought that
respondent no.2/Child Welfare Committee should hand over the
custody of Jyoti, Yuglesh and Jatin to the petitioner, i.e., their father.
2. It appears that the petitioner and his wife, one, Ms.
Sarita/respondent no.3 had a matrimonial dispute; resultantly, the
children were put in custody of children's home by the name 'Sweet
Home' pursuant to an order passed by respondent no.2/Child Welfare
Committee. This order was passed by respondent no.2/Child Welfare
Committee in the best interest of the children as according to its
assessment they required care and protection. The respondent
no.2/Child Welfare Committee, it appears passed an admittance order
qua the children as there was history of domestic violence and parental
acrimony.
3. Learned counsel for the petitioner says that the relationship
between the petitioner and his wife Sarita/respondent no.3 has
improved since then and, therefore, the children would be handed over
to one or the other parent. It is the contention of the learned counsel
for the petitioner that the decision in this behalf could be left to
respondent no.2/Child Welfare Committee.
4. Ms. Vibha Mahajan who appears on behalf of the wife, i.e.,
Sarita/respondent no.3 submits that this Court could remand the matter
to respondent no.2/Child Welfare Committee which could then pass a
suitable order in the matter after ascertaining what is in the best
interest of the children.
5. Mr. Tripathi, who appears for respondent no.2/Child Welfare
Committee says that the aforesaid suggestion made by parties would
be best course in the given circumstances.
6. Having heard the learned counsel for the parties and after
perusing the record, in my view, the best course would be to ascertatin
two things. First what is the wish and desire of children as to the
parent in whose custody they wish to remain. Second, what would be
in the best interest of the children. Respondent no.2/Child Welfare
Committee in my opinion is ideally positioned to make this
determination.
6.1 Accordingly, respondent no.2/Child Welfare Committee is
directed to release the children to the custody of one or the other
parent for the moment, since I am given to believe that they are living
separately, though, their relationship has improved over a period of
time.
7. The respondent no.2/Child Welfare Committee while carrying
out this exercise will interface both the children as well as parents.
8. The petition is disposed of in the aforementioned terms.
RAJIV SHAKDHER, J
MARCH 6, 2018
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