Disposed

Shobha Devi v. State of Rajasthan

Rajasthan HC15 Sept 2023HC/295/2023

Case brief

AI extract

What is this about?

In a habeas corpus petition alleging illegal confinement of an 18-month-old daughter by the father, the Court ordered the police to hand over custody to the mother while granting the father visitation rights on Sundays once a fortnight.

What did the court decide?

Direction to police to hand over custody of the minor daughter to her mother; grant visitation rights to the father once a fortnight on Sunday.

Shobha Devi Vs State of Rajasthan — Child Custody and Guardianship | Rajasthan HC (2023)

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[2023:RJ-JD:29941-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 295/2023

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Shobha Devi D/o Sadlaram W/o Pokar Ram, B/c Dewasi, Aged About 26 Years, R/o Vaillage Post Mandal, Tehsil Rani, District Pali, (Raj.).

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----Petitioner

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Versus

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State of Rajasthan, through the Secretary, Home Department, Government of Rajasthan, Secretariat, Jaipur.

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The Director General of Police, Police Head Quarters, Jaipur.

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The Inspector General of Police, Pali Range, Pali.

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The Superintendent of Police, District Pali.

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The S.H.O. Police Station, Guda Endla, District Pali.

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Pokar Ram S/o Shir Bheeka Ram, B/c Dewasi, Aged About 29 Years, R/o 22, Raika Ka Bera, Nimbla Khera, Tehsil and District Pali, (Raj.).

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----Respondents

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For Petitioner	: Mr. Ms.	Mangilal Ankita Pareek
For Respondent Nos.1 to 5	: Mr.	M.A. Siddiqui, AAG-cum-GA
For Respondent No.6	: Mr.	Kaushal Sharma
Present in person	: Mr. P.S. Ms. P.S.	Sumer Dan Charan, SHO, Guda Endla, District Pali Dhoni Devi, Constable, Guda Endla, District Pali
	Ms. Mr.	Shobha Devi – petitioner Pokar Ram – respondent No.6

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(2 of 3)

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[2023:RJ-JD:29941-DB]

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[HC-295/2023]

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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15/09/2023

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This habeas corpus petition has been filed by the petitioner alleging that her minor daughter aged about 18 months is illegally confined by respondent No.6.

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It is stated in the habeas corpus petition that the petitioner solemnized marriage with respondent No.6 few years ago. It is also stated that out of the said wedlock, one daughter is born, however, on 28.03.2023, the respondent No.6 took away the minor daughter of the petitioner and at present she is in his illegal confinement.

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Pursuant to the directions given by this Court from time to time, learned AAG-cum-GA has produced the minor daughter of the petitioner before this Court through police and submitted that the minor daughter of the petitioner was in custody of respondent No.6.

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Heard learned counsel for the parties and perused the material available on record.

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The respondent No.6, present in person, has voluntarily agreed to handover the custody of the minor daughter of the petitioner to her, however, prays that he may be granted visitation rights.

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In view of the fact that the respondent No.6 is voluntarily agreed to handover the custody of the minor daughter of the petitioner to her, we deem it appropriate to direct the police to

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(3 of 3)

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[HC-295/2023]

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[2023:RJ-JD:29941-DB]

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handover the custody of the minor daughter of the petitioner to her, who is present in person before this Court. However, the petitioner will allow the respondent No.6 to meet her minor daughter once in fortnight preferably on Sunday from 10:00 AM to 01:00 PM.

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Ordered accordingly.

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With these observations, this habeas corpus petition is disposed of.

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(RAJENDRA PRAKASH SONI),J (VIJAY BISHNOI),J

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Abhishek Kumar S.S.No.1

Shobha Devi v. State of Rajasthan

Case brief

What is this about?

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Shobha Devi v. State of Rajasthan

Case brief

What is this about?

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What the court decided

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