Smt. Sarayu Devi And ORS v. State Of Chhattisgarh And ORS

HIGH CDHRT OF CHHATTISGARH RH ASPIIR 5"!

.

WRIT APPEAL No. 289 OF 2015 Smt. Sarayu Devi W/o Shri Parmanand JaiswaL aged about 60 years. Vibhuti Jaiswa) S/o Shri Parmanand Jaiswal aged about 34 years.

Smt PaHaVI Jalswal W/o Vlbhutl Jauswai aged about 27 years AH by Cagte Kaiwar Jaxswa!) R/O Muhalla Patpanya Kanya Pansar Road Near Government Primary School Pohce Statlon Gandhi Nagar Ambikapur, District Sarguja, Chhattisgarh. (Respondent no. 5 to 7) Appellants

Versus

1'

State of Chhattlsgarh, through the Secretary, Department of Home, Mahanadi Bhawan,' Mantralaya, Naya Ralpur, Chhattisgarh. 2.

Collector Ambikapur DistrictSarguja Chhattisgarh 3.

Sub Drvrsronal Magrstrate Ambrkapur DrstrrctSargura Chhattrsgarh '

e dhl Nagar Amblkapur Dlstnct 4.

Station Hous W Ea 6 Shri Sanjay Choudhary, Go P a Ganj, , ost and Police Station Sultan G For Appellants a o, Advocates eo, Govt, Advocate.

For Respondent Nos.

1 to 4 '

e en Siddiqui, Advocate.

For Respondent No.5 n ha, Chief Justice ble P Hon'

. Sam Koshy t §Board Per NAVIN SINHA T2 .l 14/05I2015 1to and Heard Counsel for the Appellants, Respondent Nos.

Respondent No.5.

2.

Respondent No.5 is the natural mother of the child in question, today approximately 7 years of age The husband of Respondent No.5 unfortunately died prematurely. The Appellants are the mother of the deceased husband, his brother and the latter's wife. They filed an application under Section 97 Cr.P.C. for custody of the minor child, which was allowed by the Sub Divisional Magistrate leading to the Writ Petition, 3.

Since the Appellants have now tiled an application before the competent Court for custody ofthe child, suffice it to observe for the present that we find no reason to interfere with the order under appeal which is otherwise very well considered and reasoned with regard to the interest of the minor child. 4.

The Appeal is dismissed.

r Sd/- l Sd/-.

.

Navin Sinha P. Sam Koshy Chief Justice Judge lsharad/