Gautam Khanna vs State Of Punjab And Others on 16 May, 2022
In Lakhwinder
Kaur versus Roshan Singh and others (Supra) the High Court had directed
the custody to maternal grand-parents subject to the outcome of proceedings
under Guardian and Wards Act. The facts and circumstances of the
aforesaid three judgments relied upon by the learned Senior Counsel for
respondent Nos. 4 and 5 are distinguishable from the present case. In the
present case although the FIR under Section 498A IPC was already in
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existence but both husband and wife stayed together at one place despite
the pendency of the FIR and judicial proceedings before the learned JMIC.
So far as the death of the wife of the petitioner is concerned, as per the
medical record she was suffering from Dengue and as per the medical
record and the investigation, her platelet count was 98000 which as per the
medical science is not considered to be alarming. However, the
investigating agency has stated in the report that the wife of the petitioner
was taken back home against the advise of the doctor but the same has been
vehemently disputed by the learned Senior Counsel for the petitioner by
submitting that the position was rather otherwise because she was taken back
home on the advise of hospital doctor and respondent No.4 who himself is a
doctor. The criminal proceedings are no doubt pending and it is not a case
where the allegation is pertaining to death based upon beatings or torture
but it is a case of illness due to Dengue and thereafter, the FIR was lodged
on the ground of carelessness of the husband. Such a factual position is
based upon some allegations which are yet to be ascertained at the time of
the trial.