w854-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.854 OF 2010 Ratnakar Kedarnath Behera. ..Petitioner. Versus 1. The State of Maharashtra, 2. The Mankhurd Childrens Home, Mankhurd, Mumbai & 3. St.Catherines Orphanage, Veera Desai Road, Andheri - West, Mumbai. ..Respondents. .... Mr.Nilesh Pawaskar, Advocate i/b. Ms.Aparna D. Vhatkar, Advocate for the Petitioner. Mrs.S.D. Shinde, A.P.P., for the Respondent - State. Smt.Eulalia Gonsalves, Social Worker present in-person. Mr.Ratnakar Behera, petitioner (uncle of the child) present in- person. Maternal aunt, grand mother and grand father of the child - Yamini are present in-person. .... CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 08TH APRIL, 2010 ORAL ORDER (PER A.R.JOSHI,J.) 1. Heard rival submissions for some time in the Chamber. We have interviewed the child-Yamini when she was brought in the Chamber from St.Catherine's Home, Veera Desai Road, Andheri, Mumbai, where she was directed to be taken on earlier w854-10 2 date. We have also interviewed the maternal relations of the child i.e. her aunt and grand-parents. So also we have interviewed the present petitioner who is the paternal uncle of the child - Yamini. 2. We have ascertained the wishes of the child-Yamini and also ascertained the financial and social status of the present petitioner and of the maternal relations of the child. We felt it essential considering the prayers in this writ petition as to custody of the child. We thought it fit to have interview of the child and her relations as mentioned above in order to come to the conclusion as to what would be in the paramount interest of the child. 3. The child Miss.Yamini has categorically denied to go with the present petitioner. She expressed her affinity and inclination towards her maternal relations mentioned above. Said desire of the child requires much consideration in her best interest. 4. We have also interviewed an office-bearer of St.Catherine's Home, Veera Desai Road, Andheri, Mumbai, and it is revealed that the child is comfortable with her maternal relations mentioned above and in case of long holidays she is being allowed to visit and stay at the house of her maternal w854-10 3 grand-parents and the child is returning back to the St.Catherine's Home after such visits. We have also ascertained that keeping said child in the St.Catherine's Home, till she attains majority and till reaches matured understanding, is in the best interest of the said child-Yamini. However, considering the paternal relation of the petitioner with the child, it would be appropriate to give access to the petitioner for an hour or so at St.Catherine's Home to meet the child-Yamini once in a month and, of course, subject to the wish of the child. 5. During our interview with the relatives as mentioned above, it is ascertained that the said child-Yamini is to continue with St.Catherine's Home, Veera Desai Road, Andheri, Mumbai, and that it would not be in the fitness of the situation to give custody of the child to the petitioner. 6. In view of the above, the prayer of the petitioner seeking custody of the child Miss.Yamini cannot be accepted and as such the same is refused with a direction that Miss.Yamini is to continue to stay in St.Catherine's Home, Veera Desai Road, Andheri, Mumbai, where she is staying as per the directions of the Child Welfare Committee (CWC). So far as a question as to custody of the child-Yamini would arise in future, on application w854-10 4 of any of her relatives the same shall be suitably dealt with by the Child Welfare Committee (CWC) according to law on the merits of the matter. We further direct that during the stay of the child Miss. Yamini in St.Catherine's Home, the petitioner can be given access to the child once in a month for about an hour or so as per the rules of the institution and with prior intimation to the institution by the petitioner and such access should be subject to desire of the child-Yamini. We further direct that said St.Catherine's Home, Veera Desai Road, Andheri, Mumbai, shall continue the earlier arrangement of access and temporary custody of child-Yamini to her maternal grand-parents during long vacations or at weekends and as per the arrangement which is being followed till date by said St.Catherine's Home,Veera Desai Road, Andheri, Mumbai. 7. With the above directions, present writ petition is accordingly disposed of. (A.R.JOSHI,J.) (D.B.BHOSALE,J.)