HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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.
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.
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
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,
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)
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
Shri Shambhoo Singh learned counsel representing the
respondent Smt.Saroj expressed an apprehension that the girls
(3 of 3)
might be married off to older persons in exchange weddings ( vkVk
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.