Bheru Ram Vs. State and ors.

.....of the husband. a petition seeking protection of minor child was thereupon filed by father of the husband before delhi high court. a direction for handing over custody of child to father of husband was also sought. the high court considering fact that the u.k. court was already in seisin of matter and had passed an interim order and by relying on principle of comity of nations and comity of judgments of the courts of two different countries in deciding the matter directed the wife to take the child of her own to u.k.or hand it over to father of husband to be taken to u.k. as measure of interim custody and that it would be for the u.k. court to decide the question of custody - order was challenged by wife - held, the order of high court was not liable to be interfered with. although, on first impression, it would appear that the interests of the minor child would best be served if she is allowed to remain with the wife, the order of u.k. court cannot be lost sight of., the order of u.k. court except for insisiting that the minor be returned to its jurisdiction, the english court did not intend to separate the child from the mother until a final decision was taken with regard to the custody of the child. the ultimate decision in that regard has to be left to the english court having regard to the nationality of the child and the fact that both the parents had worked for gain in the u.k. and had also acquired permanent resident status in the u.k. english court has not directed that the custody of the child should be handed over to the father but that the child should be returned to the jurisdiction of the courts in the u.k. which would then proceed to determine as to who would be best suited to have the custody of the child. the high court has taken into consideration both the questions relating to the comity of courts as well as the interest of the minor child, which, no doubt, is one of the most important considerations in matters relating to custody of.....khan, j.1. petitioner complains that his daughter bhagwati @ lali was missing since 27.10.1999 and he suspected on babu afroz (r-6) to have taken her away. though fir no. 898/99 was registered under section 363 but without any result. he now wants the investigation of this fir to be handed over to cbi. 2. counter filed on behalf of respondents details out the steps taken by the police in the matter. it is submitted that accused afroz was declared a proclaimed offender and a challan was presented against him which was pending. a raid was also conducted on one zenual of village hasan pur who had confirmed that babu afroz and bhagwati @ lali were living as husband and wife and working in virat nagar (nepal) near indo-nepal border. efforts were on to locate the couple and to bring them to book. 3. in view of this, nothing survives in this petition which is dismissed. respondents are, however, directed to take requisite follow-up action in the matter under law and to intimate the result to petitioner after four months from receipt of this order.