This habeas corpus petition was filed alleging abduction of a minor daughter. The child was produced before the court and expressed a voluntary desire to return with her father. The court directed the respondents to hand over custody to the petitioner and disposed of the petition.
Respondents directed to hand over custody of the minor child to the petitioner.
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[2024:RJ-JD:1070-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 3/2024
Tulcharam S/o Achalaram, Aged About 60 Years, B/c Jaat R/o Bhatinda, Luni P.s. Luni, District Jodhpur City West.
----Petitioner
----Respondents
| For Petitioner(s) | : | Mr. Sonu Choudhary Mr. Rajeev Chouhan |
|---|---|---|
| For Respondent(s) | : | Mr. M.A. Siddiqui, AAG with Mr. A.R. Malkhani |
| Mr. Pappa Ram ASI | ||
| Ms. Maina, MFC-2705, PS Luni, | ||
| Dist.- Jodhpur |
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
08/01/2024
This habeas corpus petition is filed by the petitioner (Father of the corpus) alleging that his minor daughter is abducted by the respondent No.5 and in relation to that he has filed an F.I.R. at Police Station Luni, District Jodhpur, against the respondent No.5 and the police is not making any effort to trace out the minor daughter of the petitioner.
[2024:RJ-JD:1070-DB]
[HC-3/2024]
(2 of 2)
Pursuant to the direction given by this Court, the corpus is produced before this Court by learned AAG through police.
Learned AAG has submitted that the statement of the corpus has been recorded under Section 161 & 164 of the Cr.P.C. during the course of the investigation into the FIR filed by the petitioner. It is also submitted that initially when the corpus was produced before the CWC, she refused to go with her parents but now she is ready to go with her parents.
We have interacted with the corpus and she expressed her desire to go with the petitioner. She has also specifically stated that she is not under any kind of pressure of anybody and willfully wants to go with her father.
Taking into consideration the facts and circumstances of the case, we direct the respondents to handover the custody of the corpus to the petitioner.
Accordingly, the present habeas corpus petition is disposed of.
(RAJENDRA PRAKASH SONI),J
(VIJAY BISHNOI),J
64-nitin/-
1 issue framed by the court
Whether the custody of a minor child abducted by a respondent should be handed over to the petitioner father given her expressed desire to return.
Tulcharam S/o Achalaram
The State Of Rajasthan
Mukesh S/o Magni Lal
Vijay Bishnoi
Rajendra Prakash Soni
As recorded by the court registry
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