Custody of a minor girl
It is
patently unwarranted in law to dispose of Miscellaneous Case relating to custody
of a minor girl while disposing of appeal out of turn without giving any
opportunity to the other side. Atul Chandra Biswas and another Vs. The
Secretary, Ministry of Home Affairs, Government of the people's Republic of
Bangladesh 13BLD (AD)27
Custody
of minor girl
The
real welfare of a minor girl lies with her custody being given to her father,
who is her best well-wisher. The High Court Division after having found the
victim girl to be a minor was not right in refusing to give her to the lawful
custody of her father. The refusal of the minor to go with her father is of no
legal consequence-Cr.P.C; Section 491. Sree Mongal Chandra Nandi Vs. Bangladesh
and others, 17BLD (AD) 33
Custody
of minor girl
For
the purpose of custody of the victim girl as prayed for in a pending criminal
pro- ceeding, the court has to proceed on the basis that the female is a minor
under sixteen years of age as laid down in Section 361 of the Penal Code. Md.
Wahed Ali Dewan Vs. The State and another, 14BLD(AD)32
Custody
of victim girl
It is
entirely unacceptable that a young girl who is an innocent victim of the
alleged offence should remain in an wholesome atmosphere of a Jail for an
indefinite period. The young girl cannot be allowed to walk away from the
prison house of her own, because she had no independent place to stay. The
welfare of the girl, should be deciding factor in such a situation. The
appellant produced a certificate from the school where the girl was reading
which corroborates the statements of the appellant that his daughter was a
minor at the relevant time. The radiologist's opinion also supports the
appellants case. From the above circumstances and having considered all aspects
of the matter it will be fit and proper and in the best interest of the girl if
she is released from custody and given to the care of her father-Cr.P.C.S.491. Bashu
Deb Chatterjee Vs Umme Salma and another, 19BLD(AD)137
