Bombay High Court
Ms. Madhavi Ramteke D/O Yashwantrao ... vs The State Of Maharashtra, Through Chief ... on 12 September, 2018
Author: M.G. Giratkar
Bench: B.P. Dharmadhikari, M.G. Giratkar
1 1209wp2342.18
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 2342 OF 2018
(Ms Madhavi Ramteke and another .v. State of Maharashtra and others)
Office Notes, Office Memoranda of Coram
appearances, Court's orders or directions Court's or Judge's Orders
and Registrar's orders.
Ms. Pranita Shahu, Advocate for the petitioners.
Shri A.M. Kadukar, AGP for respondents.
CORAM : B.P. DHARMADHIKARI AND
M.G. GIRATKAR, JJ.
12TH SEPTEMBER, 2018.
Heard for some time.
2. Effort of Counsel for petitioner to urge that as petitioner No.2-minor needs caste certificate. The insistence of administration upon production of documents on paternal side is causing serious prejudice. Father of minor has shown no interest in maintaining him and he is residing with mother as part of her family. Learned Counsel submits that in this situation as minor is accepted as member of mother's family and as part of caste/community of mother only, documents on mother's side are essential.
3. We have perused papers. The order dated 21 st June, 2013 in HMP No. 370 of 2012 shows dissolution of marriage by decree of divorce. Similarly, the agreed terms and conditions particularly clause 7(b) shows that mother has to look after child fully without expecting any support or help from father. The order passed by Scrutiny Committee on 15.07.2017 does not consider these aspects.
4. Hence, we quash and set aside that order and grant petitioner No.1/mother leave to place on record additional documents, if she so desires. After the documents are so produced, Committee shall pass fresh orders as per law after hearing Advocate for petitioner Nos.1 and 2.
5. We direct petitioner No.1 to appear before respondent No.3-Committee on 08th October, 2018. Committee shall attempt to ::: Uploaded on - 18/09/2018 ::: Downloaded on - 18/09/2018 23:38:37 ::: 2 1209wp2342.18 complete exercise within next four months.
6. Petition thus partly allowed and disposed of. No costs.
JUDGE JUDGE
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