A habeas corpus petition was filed regarding a missing minor daughter. The Court interacted with the minor who expressed a desire to stay with her mother. The Court directed the police to hand over custody to the mother and disposed of the petition.
Direction given to the police to hand over the custody of the minor daughter (corpus) to her mother.
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[2024:RJ-JD:4386-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 16/2024
Rahima S/o Kishna, Aged About 38 Years, R/o 95, Nichali Badni, Rajsamand, District Rajsamand.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Mohd. Arif Balkhi |
|---|---|
| For Respondent(s) | : Mr. M.A. Siddiqui, GA-cum-AAG Mr. A.R. Malkani, AAAG |
| Present in person | : Mr. Buddharam Choudhary, C.I., SHO, P.S. Sendra, District Beawar with Ms. Pinki, Female Constable, |
| P.S. Sendra, District Beawar |
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
29/01/2024
1. This habeas corpus petition has been filed on behalf of the petitioner stating that his minor daughter, whose date of birth is 15.07.2006, is missing from his house since 11.10.2003 and in relation to that he has lodged a missing person report at Police Station Sendra, District Beawar, however, the police are not making any efforts to trace out his minor daughter.
2. Pursuant to the direction given by this Court, learned GA-cum-AAG has produced the corpus as well as factual report before this Court.
(2 of 2)
[2024:RJ-JD:4386-DB]
[HC-16/2024]
3. We have interacted with the corpus and she has expressed her desire to go with her mother, who is present in person before this Court today.
4. In the factual report, it is mentioned that during the course of investigation in connection with the missing person report, the police traced out the corpus and produced her before the Child Welfare Committee. It is further mentioned that as per the directions of Child Welfare Committee, the corpus was lodged in One Stop Sakhi Centre, Pali.
5. As per the investigation carried out by the police, the corpus is minor, however, since she has expressed her desire to go with her mother, who is present in person before this Court today, we deem it appropriate to direct the police to handover the custody of the corpus to her mother.
6. Ordered accordingly.
7. In view of the above, this habeas corpus petition is disposed
8. The factual report be taken on record.
(MUNNURI LAXMAN),J
(VIJAY BISHNOI),J
Abhishek Kumar S.No.28
1 issue framed by the court
Whether the police should hand over the custody of the minor daughter to her mother upon her expressed desire to live with her?
Rahima S/o Kishna
The State of Rajasthan
The Superintendent of Police, Byawar
The S.H.O., Police Station Sendra, District Byawar
VIJAY BISHNOI
MUNNURI LAXMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
