Preeti Khatri v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPHC No. 4 of 2018 • Preeti Khatri W/o Puneetkhatri aged about 27 years, R/o Pooja Paradise near Science College Thana Sarkanda, District Bilaspur, Chhattisgarh. ---- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary, Home Department, Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh.
2. The Superintendent Of Police, District Bilaspur, Chhattisgarh.
3. The Station House Officer, P. S. Sarkanda, Bilaspur, District- Bilaspur, Chhattisgarh.
4. Puneet Khatri S/o S/o Ramesh Khatri R/o New Ramnagar Adhartal Near Gurudwara Jabalpur (M. P.) ---- Respondents For Petitioner :
Smt. Anju Ahuja, Advocate For Respondents :
Shri R.K. Gupta, Deputy Advocate General Hon'ble Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri Justice Goutam Bhaduri Order on Board Per Thottathil B. Radhakrishnan, Chief Justice 29.01.2018 1.
We have heard the learned counsel for the writ petitioner. 2.
Petitioner pleads that she is the mother of a girl child 'Mannat Khatri', stated to be around 2 years of age. She seeks issuance of a writ in the nature of Habeas Corpus for the custody of the said child, to be released from the allegedly illegal custody, now maintained by the 4th Respondent; admittedly, the father of the child. The petitioner has different allegations against the 4th Respondent. Be that as it may, the statutory provisions governing the custody and guardianship of children, particularly, the principles relating to the custody of a girl child, prompt us to think that the better course that has to adopted in the case is
before the Family Court, because such jurisdiction has multiple vistas and reasonable verdict could come without delay.
3.
We therefore, dismiss this writ petition without prejudice to contentions and request any Court where the Petitioner may institute custody proceedings, in accordance with law, to expedite consideration of that application. The writ petition is ordered accordingly.
Sd/- Sd/- (Thottathil B. Radhakrishnan) (Goutam Bhaduri) Chief Justice Judge Brijmohan