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2023 Supreme(HP) 280

VIVEK SINGH THAKUR
Lajwanti – Appellant
Versus
Priti Devi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shanti Swaroop Bhatti.
For the Respondents: G.D. Verma, Hitesh Thakur, Shruti Sharma, Harinder Singh Rawat.

JUDGMENT :

VIVEK SINGH THAKUR, J.

1. The instant petition, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.PC’) has been preferred by petitioners, against order dated 23.11.2022, passed by Sub-Divisional Magistrate, Nalagarh, District Solan, H.P. in Case No. 72-IV of 2022, titled as Priti Devi vs. Lajwanti & others, and order/warrant dated 24.11.2022, issued in the same matter, whereby Magistrate has held that respondent No. 1-Priti Devi, being natural guardian of her minor sons, is entitled for their custody and SHO Police Station Ramshahar, has been directed to produce minor children (petitioners No. 4 and 5 herein) before Magistrate on 12.12.2022 for handing over their custody to their mother Priti Devi.

2. I have heard learned counsel for the parties and have also gone through the record.

3. Facts, emerging from the record, are that respondent No. 1-Priti Devi was married with Amar Singh, who was son of petitioner No. 1-Lajwanti and petitioner No. 2-Darshan Singh. Whereas, petitioner No. 3-Sunita Devi was his sister. Petitioners No. 4 and 5 minors are children of Amar Singh and respondent No. 1-Priti Devi.

4. Due to quarrels taking place between h

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