The Court dismissed the D.B. Habeas Corpus petition filed by the mother against the father, State, and police, holding that averments suggest the child resides with the father, negating illegal confinement, and directing the petitioner to seek custodial remedies separately.
Petition dismissed as being devoid of merit.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 161/2022
Smt. Ambika Jain W/o Shri Divik Ostwal, Aged About 42 Years, By Caste Jain, R/o 501, Sanskriti Tower, Kaylana Chouraha, Soorsagar Road, Jodhpur (Raj.).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Ms. Laxmi Ramawat
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
06/06/2022
Heard learned counsel for the petitioner and perused the material available on record.
As per the averments made in the petition itself, the alleged corpus Mst. ‘S’, being the minor daughter of the petitioner, is residing with the her own father, the respondent No.4 herein. Thus, it cannot be said that she is under any kind of illegal confinement. Needless to say that the petitioner, if desires, may
(2 of 2)
[HC-161/2022]
avail appropriate legal remedy for securing custody of her daughter.
The habeas corpus petition is dismissed as being devoid
of merit.
(KULDEEP MATHUR),J
(SANDEEP MEHTA),J
14-Pramod/-
1 issue framed by the court
Whether the petition alleging illegal confinement is maintainable when the child resides with the father.
Smt. Ambika Jain
State Of Rajasthan
Commissionerate, Jodhpur Metropolitan
Station House Officer, Police Station Shastri Nagar
Divik Ostwal
Sandeep Mehta
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
