Allowed

Chandra Ram v. the State of Rajasthan

Rajasthan HC13 Aug 2021HC/193/2021

Case brief

AI extract

What is this about?

This D.B. Habeas Corpus petition sought directions for the production of a minor girl. The court, after a Corporate Welfare Committee report confirmed her minority and the girl expressed a desire to live with her parents, ordered the custody be handed over to the petitioner, her natural guardian.

What did the court decide?

The custody of the minor girl is handed over to her father, the petitioner herein.

Chandra Ram Vs the State of Rajasthan — Child Custody and Guardianship | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 193/2021

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Chandra Ram S/o Shri Rugha Ram, Aged About 60 Years, Resident Of Surpura Kallan, Bodvi Khurd, P.s. Karvar District Jodhpur. At Present Village Nevra Road, P.s. Mathania District Jodhpur.

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----Petitioner

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Versus

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The State Of Rajasthan, Through The Secretary, Department Of Home And Affairs, Government Of Rajasthan, Secretariat, Jaipur.

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The Commissioner Of Police, Jodhpur.

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Station House Officer, Police Station Mathania District Jodhpur.

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Pukhraj S/o Mohan Ram, By Caste Jat (Godara), Resident Of Godaro Ki Dhaniya, Nevra Road, P.s. Mathania District Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. B.R. Choudhary. For Respondent(s) : Mr. Farzand Ali, AAG with Mr. Abhishek Purohit.

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HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

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13/08/2021

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This petition seeking writ of habeas corpus is filed by the petitioner seeking directions for production of his minor daughter ‘M’ alleged to be illegal detention of the respondent No.4.

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The corpus was produced before this Court on 28.07.2021, after conferring with corpus on the basis of documentary evidence on record, this Court being of the opinion that the corpus is less than 13 years of age, directed that she may be lodged at the

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(2 of 2)

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[HC-193/2021]

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Balika Grah, Jodhpur. The Child Welfare Committee, Jodhpur (‘CWC’) was directed to conduct an inquiry regarding the age of the corpus and submit the report in sealed cover before this Court.

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The report of CWC is produced before us in sealed cover. As per the report submitted on the basis of documentary evidence i.e. Scholar Register, Transfer Certificate, Attendance Register, Admission Application Form etc., the CWC has determined the date of birth of the corpus is 09.10.2008 and thus apparently, the corpus is minor.

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Today, the corpus is produced before us by Mr. Gautam Dotasara, SHO, Police Station – Mathania. We have conferred with the corpus in Camera as also in presence of her parents. The corpus has expressed her desire to go with her parents.

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The corpus being minor, the custody of the corpus as per her desire deserves to be handed over to the petitioner herein, the natural guardian of the corpus.

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Accordingly, the custody of the corpus, a minor girl, is handed to her father, the petitioner herein.

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The petition seeking writ of habeas corpus stands disposed of accordingly.

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The Original Report of the CWC may be handed over to the Government Counsel in sealed cover while keeping the photocopy of the same on record.

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(ARUN BHANSALI),J

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(SANGEET LODHA),J

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50-PKS/-

Chandra Ram v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Chandra Ram v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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