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Bhramarkant Jha vs The State Of Madhya Pradesh on 31 January, 2019

1 WP-28187-2018
The High Court Of Madhya Pradesh
WP-28187-2018
(SHITAL KUMAR JHA Vs THE STATE OF MADHYA PRADESH)

WP/28202/2018
3
Jabalpur, Dated : 31-01-2019
Shri P.N. Pathak, counsel for the petitioner.
Shri B.D. Singh, Government Advocate for the respondent/State.

Both these matters have been filed by way of writ in the nature of
Habeas Corpus by the father, grand father and grand mother asking custody

of the children who have been illegally taken away by the intervention of the
Police officials.

In WP No.28187/2018 return has been filed. The said return covers the
issue involved in both the cases. Along with the return, Annexure-R/1 dated
23.01.2019 wherein they said that on 10.08.2018 Munna Jha, S/o Vishnudhar
Jha, resident of Village Mahishi, P.S.-Mahishi, District-Sahersa (Bihar)
applied for the custody of grand daughter Ku. Shambhavi @ Laxmi Jha
(Natin) aged about 6 years who is the daughter of deceased Archana Jha.

Simultaneously Indra Kumar Jha, S/o Late Nunu Jha, resident of Village

Bangaon, P.S.-Kehara, District-Sahersa (Bihar) also applied for the custody
of grand children Ku. Sudha Jha, aged about 3 years and Master Anshuman
@ Maruti Jha, aged about 3 years with an assurance that they shall nurture
and maintain the children on which the signature of petitioners are there.
Therefore, it cannot be said that the custody of the children with the maternal
grand father is an illegal confinement or detention.

Shri Pathak, counsel for the petitioner has prepared the rejoinder and
counter affidavit which shall be filed during the course of day. In the said
rejoinder, it is contended that the SHO Police Station-Bhalumada, District-
Anuppur (M.P.) do not have jurisdiction to deliver the custody of children
from the natural guardian (father, grand father and grand mother).

In fact the father of deceased Archana namely Munna Jha is Sub-
Inspector in Bihar who using his undue influence through local police officials
2 WP-28187-2018
taken the custody of children, although as per the provisions contained under
Section 19 of the Guardians and Wards Act without an order by the
Competent Court the custody of a child cannot be taken away from a natural
guardian who is the father, grand father and grand mother.

Let an explanation in this regard is necessary from the SHO concerned

that under which authority he has exercised the power to deliver the children
from the custody of the natural guardian i.e. Shital Kumar Jha, Bhramarkant
Jha and Smt. Sachi Devi. In the explanation, it be explained by the SHO
concerned that whether there was any order passed by the Competent Court
or by any Child Welfare Committee in this regard, if such an order is there it
be attached to the explanation.

Needful be done within two weeks from today.

Let a typed copy of this order be supplied to Shri Singh, GA for
communication and compliance.

In the meantime, let notice be issued to respondent No.5 in WP
No.28187/2018 and respondent No.6 in WP No.28202/2018 on payment of
process fee during the course of day.

Notice be made returnable within two weeks.

List the case on 18.02.2019.

(J.K. MAHESHWARI)
JUDGE

DPS
Digitally signed by
DHEERAJ PRATAP SINGH
Date: 2019.02.01
03:26:10 -08’00’

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