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Payal Jain vs Saurabh Jain on 4 February, 2019

1 MA No.594/2019

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE

MA No.594/2019

(Payal Jain Vs. Sourabh Jain)

INDORE dt. 04-02-2019

Parties through their counsel.

The present appeal is arising out of the order dated
01-12-2018 passed by Principal Judge Family Court, Indore in
Guardian Case No. 207/2018.

The facts of the case reveal that the respondent Husband

has filed an application u/s 7 and 8 of the Guardians and Wards
Act, 1890 stating that marriage has taken place with the present
appellant on 20-11-2013 as per Hindu Ritual and a son was born
on 24-02-2015. It was also stated that wife started showing her
unwillingness to reside with the parents of the husband and in
those circumstances a dispute arouse between the parties. It is
also been stated that on 31-07-2018 when the husband and wife
were in their house, the wife took up a fight with the husband
and finally she submitted a complaint to the police station
‘Mahila thana’, Palasiya. In her report she has stated that she is
going to Bombay and for the time being the child be allowed to
live with the respondent husband. Other facts also reveal that
the applicant has filed an application before the
Sub-Divisional Officer, Sanyuktaganj u/s 97 of CPC stating that
her son has been illegal detained by her husband and the learned
S.D.M. on 02-11-2018 has passed an order directing the
respondent Husband to handover the custody of the child to the
mother. The aforesaid order was challenged in revision and
2 MA No.594/2019

finally interim relief was passed on 03-11-2018 staying the
operation of the order passed by S.D.M. However, child was
handed over to the mother in compliance of the order passed by
S.D.M, Sanyuktaganj. Ultimately on 07-12-2018 child was
produced with the hep of Maharashtra Police and child has been
given in the custody of father. Undisptued facts reveal that this
court is dealing with a child of very tender age. He was three
years old at the relevant point of time and now he is almost four
years old. No cogent reason has been assigned for granting the
interim custody of the child with the father and this court is of
the opinion that child of such a tender age has to be given to the
mother keeping in view various factors.

This court after hearing learned counsel for the parties is
of the opinion that keeping in view the welfare of the child
being of tender age and there is nothing against the mother in
respect of her behavior with the child, the child has to be given
to the mother, by way of interim custody.

Resultantly, the operation of the impugned order passed by
the learned Judge dated 19-01-2019 is hereby quashed. The
respondent shall handover the child to the mother tomorrow
before the Principal Judge Family Court i.e on 05-02-2019. The
Principal Judge Family Court after hearing both the parties shall
pass a final order as expeditiously as possible preferably within
a period of six months in respect of custody of a child after
taking into account the evidence adduced by the parties and in
accordance with law.

3 MA No.594/2019

With the aforesaid, the appeal stands allowed.

Certified copy as per rules.

(S. C. SHARMA) (VIRENDER SINGH)
JUDGE JUDGE

Rashmi

Digitally signed by Rashmi Prasahant
Date: 2019.02.04 17:26:16 +05’30’

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