Sr. No. 104

HIGH COURT OF JAMMU AND KASHMIR

AT JAMMU

Reserved on : 03.07.2021

Pronounced on: 08.07.2021

Crl R No.7/2021

CrlM No.547/2021

Raksha Devi

…Applicant(s)/Petitioner(s)

Through: Mr. O. P. Thakur, Sr. Advocate

with Ms. Pummy Thakur,

Advocate.

v/s

Union Territory of J&K and another

…. Respondent(s)

Through: Mr. Jamrodh Singh, GA.

CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE

ORDER

1.

This revision petition has been filed against the order passed by the

learned Principal Sessions Judge, Ramban whereby the application of the

petitioner seeking custody of her child (son) has been rejected holding that the

court had no jurisdiction and such question cannot be considered in these

criminal proceedings as the civil proceedings for appointment as guardian of

the minor are pending and the petitioner is pursuing the said application under

the Guardians and Wards Act, 1890 before the said court and in case this

application is allowed in these proceedings, the proceedings initiated under

Section 7 of the Guardians and Wards Act shall become in