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2013 Supreme(Bom) 712

R.P.SONDURBALDOTA
Manjita Naik Tuenkar – Appellant
Versus
Soiroo alias Sarvesh C. Naik Tuenkar – Respondent


JUDGMENT

R. P. SONDURBALDOTA, J.

1. This revision application is directed against the order dated 30th January, 2012 by which the Criminal Appeal preferred by respondent no.1 herein against interim order dated 28th November, 2011 passed by the Judicial Magistrate First Class, 'C' Court, Mapusa, granting interim custody of the girl child aged 5 years to the petitioner was allowed. The petitioner is the mother and respondent no.1 is the father of the child.

2. In her application for custody of the daughter, the petitioner alleges that on 25th May, 2011, at around 1.00 p.m., there was a quarrel between the husband and wife. The respondent abused her and forced her to leave the house. Consequently, the petitioner had to take refuge with the landlady who lived close-by. At about 4.00 a.m. the respondent forcibly grabbed the child sleeping with the petitioner and left the house on his scooter. It is the case of the petitioner that she waited on that day till 8.00 p.m. in the hope that the respondent would calm down and return home. When he did not do so, she sought help of Mapusa Police Station. Prior to that she had called her mother-in-law at her residence at Tuem but the mother-in-law






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