Allowed

Maan Singh S/O Jai Narayan v. State of Rajasthan

Rajasthan HC21 Feb 2022HC/11/2022

Case brief

AI extract

What is this about?

Habeas Corpus Petition filed by a father for release of his 14-year-old daughter from police custody. Court examined the child, noted her desire to go with the father, and ordered custody transfer while directing authorities to prevent her marriage.

What did the court decide?

Custody of the minor child handed over to the petitioner; directed not to marry the child against her wish.

Maan Singh S/O Jai Narayan Vs State of… — Child Custody and Guardianship | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Habeas Corpus Petition No. 11/2022

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Maan Singh S/o Jai Narayan, Aged About 57 Years, R/o Ward No. 11, Dhani Dangiya, Heerwa, Heerwa Jhunjhunu, Buhana, Rajasthan-333027

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----Petitioner

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Versus

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State Of Rajasthan, Through The Additional Chief Secretary, Department Of Home, Rajasthan Secretariat, Jaipur.

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Additional Director General Of Police, Anti Human Trafficking Unit Jaipur.

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The Superintendent Of Police, Collectorate, Jhunjhunu

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The S.h.o. Police Station Singhana, District Jhunjhunu

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----Respondents

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For Petitioner(s) : Mr. Jawahar Singh Mr. Ankit Bisnoi For Respondent(s) : Mr. N.S. Gurjar, Assistant Govt. Adv. Investigating Officer : Mr. Bhajnaram, S.I., S.H.O., Singhana, District Jhunjhunu with Ms. Pratibha, Mahila Constable-1271

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Judgment / Order

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21/02/2022

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Petitioner has preferred this Habeas Corpus Petition seeking production of the corpus, who happens to be daughter of the petitioner.

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It is contended by counsel for the petitioner that the corpus is a minor.

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As per the direction of the Court, the corpus has been produced before the Court by Mr. Mr. Bhajnaram, S.I., S.H.O.,

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(2 of 2)

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[HC-11/2022]

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Singhana, District Jhunjhunu and Ms. Pratibha, Mahila Constable1271.

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We have examined the corpus. The corpus has stated that her date of birth is 01.02.2008. The corpus is thus a child, aged fourteen years.

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We have ascertained the wish of the corpus, who has stated that she is willing to go with her father.

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It is informed by the Police Authorities that her medical has also been conducted and statement would be recorded under Section 164 Cr.P.C.

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We have considered the contentions.

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Since the corpus has desired to live with her father who is the present petitioner, hence, we deem it proper to allow the Habeas Corpus Petition.

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Custody of the corpus is handed over to the petitioner in the Court today.

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Certified copy of this order be provided to Mr. Bhajnaram, S.I., S.H.O., Singhana, District Jhunjhunu so that the same may be submitted before the Sakhi Centre, Jhunjhunu and a copy of this order be also provided to Assistant Government Advocate for necessary compliance.

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Petitioner is directed not to perform marriage of corpus against her wish.

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Accordingly, Habeas Corpus Petition is allowed.

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(ANOOP KUMAR DHAND),J

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(PANKAJ BHANDARI),J

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ARTI SHARMA /6

Maan Singh S/O Jai Narayan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Maan Singh S/O Jai Narayan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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