The Court dismissed a habeas corpus petition regarding the custody of minor children by their father, holding that the detention was not illegal. The petition was disposed of with the observation that the spouses agreed to live together.
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 BENCH AT JAIPUR
D.B. Habeas Corpus Petition No. 30/2022
Guddi Devi Wife Of Shri Govind Prasad D/o Shri Lalluram Prajapat, Aged About 24 Years, Resident of Plot No. 122, V.K.I. Area, Road No. 17, Gautam Vihar Colony, Jaipur (Raj.) At Present R/o Village Bairer, Tehsil Raini, Police Station Rajgarh, District Alwar (Raj.)
----Petitioner
Versus
----Respondents
HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
24/03/2022
(2 of 2)
[HC-30/2022]
The petitioner in this Habeas Corpus Petition is the mother of two minor children, who are in custody of their father. Both corpus, are produced before this Court.
Since it is not a case of illegal detention, this Habeas Corpus Petition is devoid of merit.
However, both spouses have agreed to live together and to settle their differences pending before different forums. They are at liberty to go and live together.
With the aforesaid observation, Habeas Corpus Petition stands disposed of.
(BIRENDRA KUMAR),J
(PRAKASH GUPTA),J
Sunita/1
1 issue framed by the court
Whether the custody of minor children by the father constitutes illegal detention warranting habeas corpus relief?
Guddi Devi
State Of Rajasthan
The Additional Director General Of Police, Anti Human Trafficking Unit
Superintendent Of Police, District Alwar
S.H.O. Police Station, Rajgarh
Govind Prasad Prajapat
PRAKASH GUPTA
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
