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It was observed by the High Court of Madhya Pradesh (Gwalior bench) that the entitlement of the child should be given to the mother who has nurtured and taken care of the child for full 9 months in her womb.
The petition was filed by the mother in front of the court that she got married on 03.12.2017 after the marriage the child was given birth namely Yatharth on 02.02.2019 but there was a dispute between the mother and father which was because the respondent/husband of the petitioner used to the harass his wife (the petitioner) for the purpose of dowry which was for the sum of Rupees 5 Lakhs from the petitioner/wife.
Because of the dispute between the respondent/husband and wife the husband has locked down the petitioner/wife into a room and took away the child Yatharth along with him who was just 15 months old.
On 30.06.2020 the petitioner/wife has asked the respondent/husband to give the child and because of which the respondent/husband has beaten the petitioner/wife along with her brother, mother and have then tied them up with rope, after which the petitioner/wife has filed an FIR in the police station, District Gwalior regarding the issue and harassment which the respondent/ husband had done to the petitioner/ wife.
After the petition file by the petitioner in front of the court, the court submitted that the welfare and the custody of the child should be given to the petitioner/ mother, the court also took the reference from the case of Anushree Goyal vs. the State of MP & Ors. W.P. No. 7739/ 2020 where the decision and submission by the court were that the custody of the minor should be given to the mother i.e. petitioner.
In the present case, the court made submissions that the child is just 15 months old and considering and keeping the view of Section 6 of the Hindu Minority and Guardianship Act, 1956 which is the opinion that the custody of the child should be given to the mother only.
The court directed the respondent to hand over the custody of the child to the mother/ petitioner which will under the supervision of the Assitant Sub-inspector of the concerned police station which will conform the peaceful transition of the child.
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