Dayanand Kumar Yadav vs Nisha Kumari
2023 Latest Caselaw 128 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    First Appeal No. 56 of 2022
                                               ---

1. Dayanand Kumar Yadav

2. Sohwa Masomat

3. Nand Kishore Yadav

4. Anita Devi -Appellants Versus Nisha Kumari -- Respondent

---

CORAM: Hon'ble The Acting Chief Justice Hon'ble Mr. Justice Deepak Roshan

For the Appellants : Mr. Sahadeo Choudhary, Advocate For the Respondents : Mr. Lalan Kumar Singh, Advocate

----

07/05.01.2023 Reference may be made to the order dated 12th September, 2022.

Respondent is the mother of infant, Ansh Kumar born on 20th March, 2021 whose custody has been directed to be handed over to the respondent by the appellant, grandmother and relatives vide impugned judgment dated 25th June, 2022 and decree dated 5th July, 2022 passed by learned Principal Judge, Family Court, Hazaribagh in Original Suit (Guardianship) No. 87 of 2022. Appellants are seeking stay of the impugned judgment as learned Family Court, Hazaribagh has been proceeding for execution of the judgment and passing orders from time to time.

Learned counsel for the respondent-mother submits that the child is about 17 months' old, whose father has died and has been forcibly snatched from his mother by the grandmother.

Handing over the custody of 17 months' child allegedly taken away from the mother back to her custody is both legal as well as tricky human issue.

In that light, we deem it proper to direct the District Probation Officer, Hazaribagh to make enquiries at both ends as to the status of the respective parties, their standing in the society, their financial well-being, the present state of well-being of the child and any other connected cases which either of the parties are facing.

Learned Secretary, DLSA, Hazaribagh is also directed to make an independent inquiry.

Let such report be submitted to the Court by 30th January, 2023, on which date both the appellants along with minor child and the respondent shall also be present in Court.

Let the order be communicated to Deputy Commissioner, Hazaribagh and District Probation Officer, Hazaribagh as also the Secretary, DLSA, Hazaribagh through FAX by tomorrow apart from usual course.

(Aparesh Kumar Singh, A.C.J)

(Deepak Roshan, J) jk/