Disposed

Manohar Lal v. State of Rajasthan

Rajasthan HC16 Mar 2023HC/49/2023

Case brief

AI extract

What is this about?

In a Habeas Corpus petition regarding an allegedly abducted minor daughter who refused to go with her father, the High Court, noting the girl's fear of harassment, directed police to hand over her custody to her willing maternal uncle once she was released from a sanctuary center.

What did the court decide?

Directed police to handover custody of the corpus to her maternal uncle Mr. Ratan Lal Dangi after getting her released from Balika Grah, Udaipur.

Manohar Lal Vs State of Rajasthan — Child Custody and Guardianship | Rajasthan HC (2023)

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[2023/RJJD/006710]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 49/2023

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Manohar Lal S/o Shri Bhanwar Lal Dangi, Aged About 36 Years, Dangi Mohalla, Satkhanda, P.s. Sadar Nimbaheda, Dist. Chittorgarh (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 Superintendent Of Police, Chittorgarh.

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The Station House Officer, P.s. Sadar Nimbaheda, Dist. Chittorgarh.

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Pappu Lal S/o Shri Mangiram Dangi, Satkhanda, P.s. Sadar Nimbaheda, Dist. Chittorgarh.

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----Respondents

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For Petitioner(s) : Mr. Manohar Lal, petitioner, present in person

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For Respondent(s) : Mr. M.A. Siddiqui, AAG with Mr. A.R. Malkani

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Mr. Ratan Lal Dangi, maternal uncle of the corpus, present in person

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Mr. Lekhraj, ASI, Ms. Meera, MFC – 1190, PS Sadar, Nimbahera, Chittorgarh, present in person

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Judgment / Order

16/03/2023

[2023/RJJD/006710]

[HC-49/2023]

(2 of 3)

This Habeas Corpus Petition is filed by the petitioner claiming that his minor daughter is abducted by the respondent No.4 on 2.2.2023 and at present, she is in his illegal confinement.

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During the pendency of this Habeas Corpus Petition, the corpus was traced out by the police, however, as she refused to go with the petitioner, she was admitted to Sakhi-I Stop Center, Chittorgarh and after receiving this information, this Court has directed the learned AAG to produce the corpus before the Court on 1.3.2023.

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On 1.3.2023, the corpus was produced before this Court, however, when she refused to go with the petitioner, then, this Court ordered for lodging the corpus at Balika Grah, Udaipur with a direction to list this matter today.

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Today, the corpus is produced before us and she has again reiterated that she does not want to go with the petitioner as she is apprehending that he may harass her. The corpus has stated that she is ready to go with her maternal uncle namely Mr. Ratan Lal Dangi, who is also present in the Court.

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We have interacted Mr. Ratan Lal Dangi, maternal uncle of the corpus and he assures this Court that he will take care of the corpus and will not cause any harm to her.

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Taking into consideration the above facts and circumstances of the case, we deem it appropriate to

(3 of 3)

[2023/RJJD/006710]

[HC-49/2023]

direct the police to handover the custody of the corpus to her maternal uncle Mr. Ratan Lal Dangi, after getting her released from the Balika Grah, Udaipur.

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The Habeas Corpus Petition is disposed of accordingly.

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(RAJENDRA PRAKASH SONI),J

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(VIJAY BISHNOI),J

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48 – ms rathore

Manohar Lal v. State of Rajasthan

Case brief

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Manohar Lal v. State of Rajasthan

Case brief

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