The High Court directed the custody of a minor petitioner child, placed in a home, to be handed over to her natural guardian, the father, subject to the child's expressed desire, while reserving the IO's liberty to investigate.
Custody of corpus directed to be handed over to her father Mehram.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 136/2018
Rekha W/o Mehram, Aged About 38 Years, By Caste Meghwal, Village Udliyawas, Tehsil Bilara, District Jodhpur
----Petitioner
Versus
----Respondents
For Petitioner(s) : Ms. Ajanta Sarsawat For Respondent(s) : Mr.Abhishek Purohit for Mr. Farzand Ali, Government Advocate
Mr. Manish Dev, SHO, Bilara
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
18/12/2019
On 12.11.18, the corpus “N” was produced before a coordinate Bench of this court. After having conferred with the corpus “N”, the paternal grand father of the corpus, Mohanji, the elder brother of Mohanji, Budh Ram, paternal uncle Rajendra and maternal grand father Narayanji and mother of the corpus Rekha, present in the court, the corpus was directed to be lodged at Children Home till she attains the age of majority.
Today the corpus is produced before us by Mr. Manish Dev, SHO, Police Station, Bilara.
(2 of 2)
[HC-136/2018]
We have conferred with the corpus in Chamber individually as also in presence of her father Mehram and grand-father Mohanji. The corpus has expressed her desire in unequivocal terms to go with her father. The corpus has not attained the age of majority as yet and thus, being minor, her custody deserves to be handed over to her natural guardian, the father, present in person.
Accordingly, as per desire of the corpus, her custody is directed to be handed over to her father Mehram, present in person.
The petition seeking writ of habeas corpus stands disposed of accordingly. It is made clear that the Investigating Officer shall be at liberty to investigate the commission of crime, if any, in accordance with law.
(PUSHPENDRA SINGH BHATI),J
(SANGEET LODHA),J
17-Aditya/-
2 issues framed by the court
Whether the custody of the minor corpus should be delivered to her father upon her expressed desire to go with him.
Whether the Investigating Officer's liberty to investigate commission of crime remains intact despite giving custody to the father.
Rekha W/o Mehram
State of Rajasthan
Sangeet Lodha
Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
