In this habeas corpus petition alleging wrongful detention of a minor daughter, the Court disposed of the matter as the child had attained majority during its pendency and reiterated her desire to reside with respondent No. 4, ordering her release to live with him freely.
The corpus was declared free to go wherever she wants, including with respondent No. 4.
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. 275/2021
Devi Lal S/o Jagannath Nayak, Aged About 45 Years, Resident Of Mandafia, Police Station Mandafia, District Chittorgarh.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. S.S. Shaktawat. |
|---|---|
| For Respondent(s) | : Mr.M.A. Siddique – G.A.-cum-AAG. Mr. A.R. Malkani. |
| Mr. Prem Chand, ASI, P.S. Mandafia. Smt. Yashoda, MSC-1171, PS |
|
| Mandafia,Distt. Chittorgarh. |
HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
10/04/2023
This petition has been filed by the petitioner alleging wrongful detention of his minor daughter ‘S’.
On notices being issued, under the directions of the Court on 25.07.2022, the corpus was produced before the Court and after interacting with the corpus, when she indicated that she went with
[HC-275/2021]
(2 of 3)
the respondent No.4 as per her own free will and is residing with him at Surat and that she was pregnant of about 7 to 8 months, the respondents were directed to lodge the corpus at Balika Grah, Udaipur and produce her before the Court on the next date of hearing.
On 05.08.2022, she was again produced before the Court, wherein she reiterated that she wanted to live with respondent No.4 only, which aspect was reiterated by her on 08.08.2022 and whereafter she delivered the child on 20.10.2022.
On 06.12.2022, a Co-ordinate Bench of this Court noticing the entire sequence of events, inter-alia, observed and directed as under :-
“Be that as it may. As there is no possibility of the corpus agreeing to the claim of custody laid by the petitioner, we hereby direct that she shall be continued to be lodged at the Balika Grah, Udaipur till she attains the age of majority. The girl shall be brought back to this Court on 07.04.2023. The Investigating Officer shall submit a latest factual report for the Court’s perusal on that day. List on 07.04.2023.”
Today again, the corpus has been produced before the Court, who has now attained age of majority. The corpus reiterated her intention to live with the respondent No.4 only.
Learned counsel for the petitioner in view of the fact that the corpus has attained majority and continuous to express her desire to live with the respondent No.4, does not want to make any further submission.
In view of the above fact situation, wherein the corpus has been produced before the Court, who has attained the age of majority during the pendency of the present writ petition and has expressed her desire to live with the respondent No.4, the petition filed by the petitioner stands disposed of.
[HC-275/2021]
(3 of 3)
The corpus is free to go wherever she wants to go including
with the respondent No.4.
A copy of the order be sent to the Balika Grah, Udaipur forthwith and it would do the needful immediately.
(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J
21-Rmathur/-
2 issues framed by the court
Whether a habeas corpus petition filed for the recovery of a minor daughter should be disposed of when the daughter has attained majority and expressed a desire to live with the respondent she was res
Whether the custody of the petitioner's daughter should be determined based on her expressed willingness to live with respondent No. 4 after attaining majority.
Devi Lal
The State Of Rajasthan
Superintendent Of Police, Chittorgarh
Sho Of Mandafia Police Station
Puran
Suresh
Arun Bhansali
Rajendra Prakash Soni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
