Disposed

Giga Ram v. State of Rajasthan

Rajasthan HC21 Mar 2023HC/32/2023

Case brief

AI extract

What is this about?

On a habeas corpus petition regarding the custody of a minor child refusing parental custody, the Court secured an undertaking from the mother not to force marriage or harass the child until majority, directing police oversight.

What did the court decide?

The petition is disposed of. Custody is directed to be handed over to Smt. Dholi Devi after release from Balika Grah, Jodhpur, subject to a maintained undertaking not to force marriage or harass the m

Giga Ram Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2023)

¶1

[2023/RJJD/007076]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

D.B. Habeas Corpus Petition No. 32/2023

¶4

Giga Ram S/o Sakaram Meghwal, Aged About 40 Years, Meghwalo Ka Bas, Village Majal, Police Station Samdari, District Barmer.

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through The Secretary Of Home Affairs Department, Govt. Of Rajasthan, Jaipur.

¶8

The Superintendent Of Police, Barmer.

¶9

The S.h.o., Police Station Samdari, District Barmer.

¶10

Harish S/o Dhala Ram Meghwal, Kammo Ka Bada, Police Station Samdari, District Barmer.

¶11

----Respondents

¶12

For Petitioner(s) : Smt. Dholi Devi, mother of corpus, present in person For Respondent(s) : Mr. M. A. Siddiqui, GA-cum-AAG with Mr. A.R. Malkani Mr. Narpat Singh, Head Constable No.828, PS Samdari, Distt. Barmer, present in person

¶13

Ms. Madhu, MFC No.1105, PS Samdari, Distt. Barmer, present in person

¶14

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

¶15

Judgment / Order

¶16

21/03/2023

¶17

Pursuant to the directions given by this Court on 8.3.2023, the corpus is produced before us today. On earlier occasion, this Court had noticed that the corpus is minor,

(2 of 3)

[2023/RJJD/007076]

[HC-32/2023]

however, as she refused to go with her parents, therefore, the Court has ordered for lodging her at Balika Grah, Jodhpur.

¶22

We have interacted with the corpus and she has stated that her mother Smt. Dholi Devi is present before this Court today and she is ready to go with her, subject to the condition that she may assure that her parents or other family members will not harass her and also not force her to marry any person till the age of 18 years and after attaining majority, they will allow her to go with the person of her choice.

¶23

Smt. Dholi Devi wife of Giga Ram, present in self, has assured this Court that she, her husband and other family members will not harass the corpus and shall not marry her till she attains majority and that the corpus will be set free to go with any person of her choice after attaining majority.

¶24

Taking into consideration the above facts and circumstances of the case, we direct Smt. Dholi Devi wife of Giga Ram to furnish an undertaking before this Court that she, her husband and other family members will not harass the corpus and will not force her to marry any person till she attains majority with a further undertaking that the corpus will be set free to go with any person of her choice after attaining the age of majority.

¶25

Keeping in view the overall facts and circumstance of the case, this Habeas Corpus Petition is disposed of with a

(3 of 3)

[2023/RJJD/007076]

[HC-32/2023]

direction to the police to handover the custody of the corpus to her mother Smt. Dholi Devi, after getting her released from the Balika Grah, Jodhpur.

¶30

The SHO, PS Samdari, Distt. Barmer is directed to visit house of the corpus in the first week of every month along with a female constable to ensure that mother, father and other family members of the corpus are abiding by the undertaking given by Smt. Dholi Devi wife of Giga Ram before this Court.

¶31

In case, the SHO finds that the family members of the corpus are not adhering to the undertaking given by Smt. Dholi Devi wife of Giga Ram before this Court, he can take action in accordance with law.

¶32

Copy of the undertaking given by Smt. Dholi Devi wife of Giga Ram be also supplied to the learned AAG.

¶33

(YOGENDRA KUMAR PUROHIT),J

¶34

(VIJAY BISHNOI),J

¶35

13-msrathore/-

Giga Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Giga Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Manohar Lal Vs State of Rajasthan

Bharat Kumar Vs State of Rajasthan

Shersingh Vs State of Rajasthan

Mamta Vs the State of Rajasthan

Naresh Vs State of Rajasthan

Moda Ram Vs the State of Rajasthan