Jammu & Kashmir HC issues directions to Police to trace 24-days-old Girl Child

Greeva Garg – 

Published on: September 3, 2021, at 11:25 IST

The Jammu & Kashmir High Court has issued directions to the Police for tracing a 24-days-old missing girl child allegedly kidnapped by her father’s family.

The petitioner, mother of the girl child, filed a contempt petition apprehending that the infant will be killed by her in-laws who are reportedly absconding.

Justice Ali Mohammad Magrey sought for swift action in the matter and gave a detailed 9-point direction to ensure the health and safety of the girl child.

The Court directed the Superintendent of Police to approach the Director General of Police/Inspector General of Police for making available such electronic and/or technical help

Justice Magrey expressed the importance of the mother in the life of a suckling-baby.

The Court has also taken a strong note on the non-responsive conduct of the father and his family, who failed to produce the infant before the Court despite clear directions.

“The respondents conduct axiomatically has been instrumental in prolonging the suffering of the child and agony of the petitioner. Nonetheless, the Court is not powerless. The conduct of the private respondents is also likely to bring others into the dragnet of abetment of the crime,” the Court observed.

The petition was filed by a mother for recovery of her 24-days-old girl child from her in-laws, sought for filing of an FIR against them for offences of wrongful confinement, assault, kidnapping and criminal intimidation, provisioned in Indian Penal Code (IPC).

The mother stated that she was only able to breastfeed her child for three days and from the fourth day she went missing.

In earlier nearing of matter on August 27, 2021, respondents were also present in the Court. The Court ordered the Registrar Judicial to take custody of the infant in the presence of the petitioner-mother and hand her over to the mother. However, respondents has not surrendered the infant.

Click here to read/download the Order

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