JUDGMENT :

(Alok Mathur, J.)

1. Heard the petitioner in person, Sri H. G. S. Parihar, Senior Advocate assisted by Sri Divyarth Singh for private respondents and learned Standing counsel for the State-respondents.

2. The petitioner, who is the mother of a minor girl child, has assailed the order dated 17/08/2021 passed by the Child Welfare Committee, Sultanpur whereby the custody of the minor has been handed over to her father-in-law, husband and sister-in-law and has also assailed the order dated 06/12/2021 passed by the appellate authority upholding the order of the Child Welfare Committee (hereinafter referred to as the Committee), and dismissing the appeal preferred by the petitioner.

3. The present controversy is an outcome of an embittered matrimonial relationship between the petitioner and her husband, respondent No. 4. The marriage between the petitioner and respondent No. 4 was solemnised on 21/01/2014 and out of the said wedlock a daughter was born on 30/10/2015. The petitioner and respondent No. 4 lived for 2 years at Sultanpur, where respondent No. 4 is running nursing schools, and sometimes in 2017 the petitioner along with minor daughter shifted to Lucknow, while respondent no.4 continued to live and work at Sultanpur visiting the petitioner and his daughter during the weekends. The minor child was admitted to a school at Lucknow and according to the petitioner the relationship between her and her husband as well as her in-laws was cordial prior to 25/08/2021, on which date the petitioner was directed to appear before the Committee, Sultanpur.

4. A complaint was made by respondent No. 3, father-in-law of the petitioner to the Committee, Sultanpur seeking custody of his grand daughter. He stating in his complaint that his granddaughter was born on 30/10/2015 at Lucknow. His son and daughter-in-law were living with him after their marriage, when after 2 years the petitioner pressurised her husband to shift to Lucknow to secure better education for the child and subsequently the petitioner and the minor child shifted to Lucknow. Number of allegations have been levelled in the said complaint against the petitioner for not looking after and neglecting the minor daughter. In support of the complaint CCTV images, certificates of various specialist in medical field were also submitted and accordingly prayed for interim custody of the minor child.

5. The Chairman of the Committee issued notices to the petitioner on 02/08/2021 to appear on 04/08/2021. On 04/08/2021 the District Probation Officer was directed to conduct counselling of the minor and submit his report. Again on 04/08/2021 notice was sent to the petitioner for appearance before the Committee on 06/08/2021. Another notice was sent on 06/08/2021 directing the petitioner to appear along with minor daughter on 11.08.2021. It was ordered that the notice be served on the petitioner through Smt Geeta Verma, the Counsellor. The order sheet of 12/08/2021 indicates that the Committee noted that service could not be affected upon the petitioner and hence she was telephonically informed to appear before the Committee on 13/08/2021 and again on 13/08/2021 she was directed to appear on 16/08.2021.

6. On 16/08/2021 the petitioner along with the minor child appeared before the Committee, where according to the order sheet the petitioner refused to sign on the statement made by her, and the entire proceedings were concluded on 16/08/2021 itself, and the matter was reserved for orders, which was delivered on 17/08/2021.

7. The Committee by means of impugned order dated 17/08/2021 accepted and allowed the complaint made by respondent no.3 and returned a finding that the petitioner is a victim of mental illness due to which she becomes violent. Even the adjournments sought by her before the Committee were attributed to her mental illness. The petitioner denied the medical reports submitted by her father-in-law as the same at been prepared under his influence as he had retired as Di