Smt. Kamla Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1425 MP

                                                                         1                              WP-17615-2020
                                              The High Court Of Madhya Pradesh
                                                         WP-17615-2020
                                                 (SMT. KAMLA SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                     11
                                     Jabalpur, Dated : 08-04-2021
                                             Mr.Rajesh Kumar Pandey, learned counsel for the petitioner.
                                             Mr.Akshit Saigal, learned PL for the State.
                                             Mr.Amit Singh, learned counsel for respondent nos. 4 and 5.

Pursuant to the order dated 2.2.2021 and thereafter on 17.3.2021, the child Ayush has been produced before this Court today. The child is only

three years old but is reasonably intelligent to answer questions relating to his identity and address. From the body language of the child, it appears that the child is extremely attached to the father and clings on to him. When asked with whom does he want to live with, he has answered that he wants to live with "Amma", points to his paternal grand mother who has also accompanied the child to this Court.

Looking at the prevailing conditions of Covid 19, it would be highly inappropriate to further expose the young child or the respondents to the hazards of the Corona Virus by travelling from Unnao in Uttar Pradesh,

which is 800 kms away. The law is well settled. It is the paramount interest of the child which shall prevail. However, the judgments of the Supreme Court cannot be applied pedantically. It has to be seen in the overall conspectus of the case as to whom the custody of the child should be with. The respondent no.4, the father of the child , the natural guardian, is working as a script writer with the film industry in Mumbai and is confident that he would able to look after the child. The child, however, presently is in the custody and care of his paternal grand mother in Unnao on account of the prevailing conditions of Covid 19. The respondent no.5 also says that he periodically visits Unnao to ensure that the child has quality time with him.

T h e respondent nos. 4 and 5 and the child are exempted from Signature Not Verified SAN personal appearance in this case and if so required, the father of the child

Digitally signed by SHYAMLEE SINGH SOLANKI Date: 2021.04.09 17:25:56 IST 2 WP-17615-2020 may appear through video conferencing on the next date of hearing. The body language of the child, as observed by this court, reflects that it is satisfied and happy in its present environment and the manner in which he clings on to his father shows his natural affinity to the father.

Under the circumstances, prima facie, a strong case appears to have been made out that the custody of the child will remain with the father as of

now. However, this opinion is not final and subject to final arguments after hearing the counsel for the petitioner.

List this case on 19.4.2021, on top of the list.

ATUL SREEDHARAN) JUDGE

ss

Signature Not Verified SAN

Digitally signed by SHYAMLEE SINGH SOLANKI Date: 2021.04.09 17:25:56 IST