CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 787 OF 2016
(Arising from SLP(Crl.) No.4388/2016)
Beata Agnieszka Sobieraj Vs. State of Himachal Pradesh and others on 22/8/2016
We have heard Mr. Pritpal Singh Nijjar, learned counsel for the appellant, and Mr. D.K. Thakur, Advocate representing respondent nos. 1 and 2.
A perusal of the office report reveals, that respondent no.5, namely, Mr. Amarjit Singh, the father of the child in question, has been duly served. It is not a matter of dispute, that the father of the child has no objection to the handing over of parental custody of Julia Isabella Sobieraj to the appellant - Beata Agnieszka Sobieraj, the mother of the child.
We find no justification whatsoever in the High Court handing over the custody of the child to the institution, where the child is admitted for education,on the affirmation by the institute itself, that it would look after the child, as also, not charge any fee from the child. The handing over of custody to an institution, while ignoring the claim of a parent, especially the mother of the child, is not acceptable.
In view of the above, the instant appeal is allowed. The impugned order passed by the High Court is set aside. It is hereby directed, that as and when the appellant visits India to take the custody of the child - Julia Isabella Sobieraj, the institution, namely, Akal Academy, Baru Sahib, District Sirmore, Himachal Pradesh shall duly hand over the custody of the child - Julia Isabella Sobieraj to the appellant herein, namely, Beata Agnieszka Sobieraj, the mother of the child.
.........................J.
[JAGDISH SINGH KHEHAR]
.........................J.
[ARUN MISHRA]
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