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Successfully fighting with 498 (MANAGER)     10 April 2013

5-year-old sent with mother against his will in custody batt


NAGPUR: Justice is indeed blind. This was once again highlighted by the drama that ensued at the fast track court after the verdict in a custody case on Tuesday. The plight of a five-year-old boy, whose custody was handed over to his mother, wrung the hearts of people when he cried out for his father, whose plea for anticipatory bail had been rejected.

The court handed over custody of Aniket (name changed) to his mother Sangeeta Naidu, as it held that the boy was not yet five when his father Surendra Naidu took him away when he left home in January after an argument with his wife.

Sources at Gittikhadan police station said Surendra had left his home in Friends Colony after a tiff with his wife. He took their elder son with him. The couple's younger son, 2, is with the mother. Surendra was untraceable till he appeared before the court to seek anticipatory bail for himself and his mother Sarojini. The court rejected his plea, but granted bail to his mother Sarojini.

Aniket, too young to realize the implication of the proceedings, was handed over to his mother in the presence of additional public prosecutor Varsha Aglawe and defence counsel Dilip Dani. As soon as he was handed over to his mother, Aniket started crying out for his father. The little boy even tried to bite his mother's hand to free himself, but she held on to him. All this while the hapless father watched with moist eyes, unable to do anything.

On February 21, Sangeeta had registered an offence against Surendra and his mother under 498A of Indian Penal Code (IPC) for torture and section 323 of IPC for assault. Police also booked Surendra's sister Sharda and her husband Shantanu Roy on Sangeeta's complaint. Sharda and Shantanu, who had been arrested, were released on bail.

Advocate Dani, appearing for Surendra and his mother, argued that Sangeeta had filed a complaint after the fifth birthday of the boy, which was on February 16. "The court relied on the complaint filed by the mother, which said that the boy was taken away when he was yet to turn five," said Dani. He said Aniket was often beaten by his mother



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 1 Replies

stanley (Freedom)     10 April 2013

Indeed justice is blind !!


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