Smt Suvti & Ors vs Sdm, Sujangarh & Anr on 26 October, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision No. 1281 / 2017
1. Smt. Suvti W/o Swaroopa Ram

2. Bhola Ram S/o Swaroopa Ram

3. Om Prakash S/o Swaroopa Ram

4. Arjun Ram S/o Swaroopa Ram, All by Caste Jat, Residents of
Ratau Tehsil Ladnun, District Nagaur.
—-Petitioners
Versus
1. Sub Divisional Magistrate, Sujangarh, District Churu.

2. Smt. Saroj D/o Late Surja Ram W/o Sangram, Aged About 40
Years, By Caste Jat, Resident of Village Ratau At Present Bhinvsar,
Tehsil Sujangarh Police Station Salasar, District Churu.
—-Respondents
__
For Petitioner(s) : Mr.R.S.Choudhary.
For Respondent(s) : Mr.O.P.Rathi, P.P., Mr.Shambhoo Singh.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
26/10/2017

The petitioners herein have approached this Court for

challenging the order dated 15.9.2017 passed by the learned

SDM, Sujangarh whereby the two girls Karishma Kasniya and

Kiran Kasniya daughters of the respondent No.2 Smt.Saroj and

the granddaughters of the petitioner No.1 Smt.Suvti were directed

to be sent to Nari Niketan, Bikaner and then to the Balika Grah,

Bikaner.

The admitted facts as indicated from record reveal that the

girls were born from the wedlock of late Shri Sangram and the
(2 of 3)
[CRLR-1281/2017]

respondent No.2 Smt.Saroj. It is stated that Karishma is presently

aged 15 years whereas Kiran is about 18 years of age. Because

the spouses indulged in frequent quarrels with each other, the

girls are reportedly staying with their grandmother Smt.Suvti

since the year 2008. Sangram, father of the girls expired in the

year 2013 and thereafter, it is reported that few cases have been

registered inter-se between the parties. The respondent No.2

Smt.Saroj earlier filed an application under Section 97 Cr.P.C.

before the SDM, Ladnu for claiming custody of the girls. The SDM,

Ladnu got conducted an inquiry wherein it was found that the girls

were happily living with their grandmother Smt.Suvti of their own

volition. They stated that their mother was a quarrelsome lady

and thus, they did not desire to live with her. The application was

thereupon filed. Concealing the fact of this earlier application, the

respondent Smt.Saroj moved yet another application under

Section 97 Cr.P.C. before the SDM, Sujangarh who, by order dated

15.9.2017 directed that the girls be sent to the Nari Niketan,

Bikaner and from there, they were transferred to the Balika Grah,

Bikaner. Both the girls have been produced today in this Court. I

have ascertained their free will and desire. The girls appear to be

living happily with their grandmother for the last more than 8

years. They made a categoric statement that their mother is a

quarrelsome woman and thus, they are not desirous of living with

her. Two younger daughters are presently living with the mother

Smt.Saroj.

Shri Shambhoo Singh learned counsel representing the

respondent Smt.Saroj expressed an apprehension that the girls
(3 of 3)
[CRLR-1281/2017]

might be married off to older persons in exchange weddings ( vkVk

lkVk).

In view of the peculiar facts and circumstances as indicated

from record, this Court fees that ends of justice require that the

girls should be released from the Nari Niketan and should be

allowed to live with their grandmother Smt.Suvti at the village

Ratau. At the same time, the S.P. Nagaur and the S.H.O.

concerned are directed to ensure that the girls are not married off

with old aged persons and before attaining the age of majority.

The S.P. Nagaur is also directed to ascertain that the girls resume

their education which they were undertaking before the disputes

arose between the parties.

With these directions, the revision is allowed. The impugned

order dated 15.9.2017 is quashed and set aside. If the respondent

Smt.Saroj is desirous of meeting her daughters Karishma Kasniya

and Kiran Kasniya, she may take recourse of the remedy available

to her under the Guardians and Wards Act for this purpose.

The Full Time Secretary, Legal Service Authority, Nagaur

shall also ascertain that both the girls resume their education and

are not married off to older people and against their best interest

before attaining majority.

A copy of this order be supplied to the S.P. Nagaur as well as

Full Time Secretary, Legal Service Authority, Nagaur.

(SANDEEP MEHTA),J.

/tarun goyal/

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