1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Writ Petition No. 392/2008 (Harvilas Tarasingh Karmavat .vs. State of Mah. And another) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders ======================================= Mr. R. K. Tiwari, Advocate for Petitioner. Mr. Y.B. Mandpe, APP for Respondent no.1. Mrs. T.D. Khade, Advocate for Respondent no.2. .......... CORAM : K.J. ROHEE &, A.P. BHANGALE, JJ. DATED : AUGUST 21, 2008 1. Heard counsel for the parties. 2. By this petition, the petitioner seeks (i) quashing and setting aside of the order dated 18.2.2008 passed by the Child Welfare Committee, Nagpur directing Ku. Roshani Chaman Karmavat to be sent to Government Special Home for Girls, Devnar (Mumbai), (ii) prohibiting the Child Welfare Committee from restraining Advocates from appearing before it and (iii) directing the Child Welfare Committee, Nagpur to comply with the provisions relating to grant of certified copies of the orders and record. 3. It seems that the order dated 18.2.2008 was passed by the Child Welfare Committee, 2 Nagpur on the application of Rambha (the mother of Roshani) for custody of Roshani. By the said order the Child Welfare Committee rejected the application of Roshani's mother for custody. It seems that at that time the present petitioner (who is grandfather of Roshni) was not in picture. 4. As per our direction Roshani was produced before us by the Superintendent of Government Karuna Hostel for Women, Nagpur. We have questioned Roshani in our chamber in presence of Mr. R.K. Tiwari, the learned counsel for the petitioner as well as Mr. Y.B. Mandpe, learned APP for respondent no.1 and Mrs. T.D. Khade, learned counsel for respondent no.2/Child Welfare Committee,Nagpur. We found that Roshani is quite a smart and enthusiastic girl. She answered our queries confidently. She showed her willingness to study further and to reside in Government Karuna Hostel for Women, Nagpur. She also expressed her displeasure to reside with her mother Rambha or grandfather Harvilas (the petitioner). The said statement is kept on record. 5. In view of the statement of Roshani, the learned counsel for the petitioner does not press prayer clause (a). 6. The learned counsel for the petitioner also does not press prayer clause (b) and seeks leave to challenge the action of the Child Welfare 3 Committee by appropriate remedy by keeping the said point open. Leave as sought is granted. 7. Then as regards prayer clause ( c), there is no denial in the reply affidavit filed on behalf of respondent no.2 to the allegations that the Child Welfare Committee does not issue certified copies of the orders and record. In view of this deemed admission, the Child Welfare Committee, Nagpur (respondent No.2) is directed to comply with the provisions relating to grant of certified copies of the orders and record. 8. The petition is accordingly disposed of. JUDGE JUDGE halwai