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CHATTISGARH HIGH COURT
Prashant Kumar Mishra, J.
Sonam Devi v. State of Chhattisgarh
| Table of Content |
|---|
| 1. custody appeal initiated post parent's death. (Para 1 , 2) |
| 2. arguments presented regarding custody jurisdiction. (Para 3 , 4) |
| 3. jurisdiction limitations of magistrate outlined. (Para 5 , 6 , 7) |
| 4. precedents indicating custody implications discussed. (Para 8 , 9) |
| 5. final ruling restoring custody to the mother. (Para 10) |
1. The petitioner, mother of child Anmol Jaiswal, is before this Court assailing the order passed by the Sub-Divisional Magistrate, Ambikapur handing over custody of the child to respondent No. 5 in purported exercise of powers under S.97 of the Cr. P.C.
2. The petitioner was married with Ashok (since deceased) on 30-6-2007. Son Anmol, presently aged less than 7 years, was born from the wedlock on 14-4-2008. Ashok died at Kedarpur, Ambikapur on 29-10-2011. The petitioner, a young widow aged about 25 years, decided to remarry with Sanjay Choudhary. Respondent Nos. 5 to 7 moved an application before the Sub-Divisional Magistrate, Ambikapur under S.97 of the Cr. P.C. seeking search warrant, releasing boy Anmol from the captivity of his mother i.e. the petitioner and handing over his custody to them. In course of enquiry on the said application, the Magi
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