Allowed

Smt. Jethi Devi v. the State of Rajasthan

Rajasthan HC22 Apr 2024HC/96/2024

Case brief

AI extract

What is this about?

Habeas Corpus petition filed by Smt. Jethi Devi for custody of her minor daughter. Court allowed the petition as the minor, having interacted with her, stated she wanted to go with her mother who is her natural guardian. Police directed to facilitate return.

What did the court decide?

Habeas corpus petition allowed; corpus given in charge of her mother; police directed to facilitate return.

Smt. Jethi Devi Vs the State of Rajasthan — Child Custody and Guardianship | Rajasthan HC (2024)

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(1 of 2)

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[2024:RJ-JD:17400-DB]

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[HC-96/2024]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 96/2024

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Smt. Jethi Devi W/o Chun Singh, Aged About 50 Years, R/o Pili Ka Choda, Tal, Police Station Devgarh, District Rajsamand.

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----Petitioner

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Versus

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

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The Superintendent Of Police, Rajsamand.

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The S.h.o., Police Station Devgarh, District Rajmand.

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Kishan Singh S/o Kalu Singh, B/c Rawat, R/o Bhuriya Kheda, Police Station Jawaja, District Baiwar.

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----Respondents

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For Petitioner(s) : Mr. Vikram Singh Jaitawat For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG with Mr. Rajat Chharparwal, AAAG Ms. Preeti Ratnu, SHO Devgarh, Rajsamand

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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22/04/2024

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This habeas corpus petition has been filed by the petitioner seeking custody of the corpus.

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Learned GA-cum-AAG has produced the corpus before this Court through police, who is a minor.

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Learned Additional Advocate General submits that there is no illegal detention as on today and the corpus is free to go with her mother.

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This Court has interacted with the corpus and she has stated that she is a minor. She has also stated that she voluntarily wants to go with her parent-petitioner, who is the mother and is also present in the Court. She is not in illegal detention of anybody and

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[2024:RJ-JD:17400-DB]

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[HC-96/2024]

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(2 of 2)

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wants to go with her mother. The corpus has been brought from the Balika Grah, Rajsamand.

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In light of such statement, the habeas corpus petition is allowed while directing the corpus to be given in the custody of the mother who is supposed to have the custody being natural guardian as she is minor. This Court has also weighed the intention of the corpus who also firmly and confidently submitted that she wants to go with her mother.

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The police is directed to facilitate the return of the corpus to the place of her choice accordingly.

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(MADAN GOPAL VYAS),J 52-nirmala/-

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(DR.PUSHPENDRA SINGH BHATI),J

Smt. Jethi Devi v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Smt. Jethi Devi v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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