Back
High Court Of Rajasthan
Judgename : N.N.MATHUR,MANAK MOHTA
KOJA RAM NAYAK - Appellant
Versus
STATE OF RAJASTHAN - Respondent
CIVIL WRIT (HABEAS CORPUS) PETITION 1961 Of 2006
Decided On : 05/17/2006
Habeas Corpus - Custody Dispute - The court directed the police to give custody of the minor to her mother based on the minor's desire expressed in court and confirmed allegations, disposing of the Habeas Corpus petition without prejudice to further investigation.
Fact of the Case:
The petitioner filed a Habeas Corpus petition seeking the production of his abducted minor daughter. The minor was produced before the court and expressed her desire to go with her mother, confirming the allegations made in the FIR.
Finding of the Court:
The court directed the police to give custody of the minor to her mother, Smt. Sushila, and disposed of the Habeas Corpus petition without prejudice to further investigation in the FIR case.
Issues: Custody dispute over a minor child, failure of police to locate the missing girl.
Ratio Decidendi: The minor's expressed desire and confirmation of the allegations influenced the court's decision to grant custody to the mother.
Final Decision: The court directed the police to give custody of the minor to her mother and disposed of the Habeas Corpus petition without prejudice to further investigation.
( 1 ) THE instant Habeas Corpus petition has been filed by Koja ram Nayak for the production of his daughter namely Sunita. It is averred that his minor daughter Sunita was being abducted by the respondent No. 4 Pappu S/o Akodaram with the help of his mother respondent No. 5 Smt. Sushila W/o Akodaram and respondent No. 6 Miss Seema D/o Akodaram. The police failed to search out the missing girl, as such, the petitioner has filed the instant petition.
( 2 ) TODAY, Sunita is produced before us. She has confirmed the allegations made in the FIR Case No. 107/2003, Police station- Jamsar, District-Bikaner and in the instant petition. She has expressed her desire to go with her mother. Thus, the police is directed to give the custody of Sunita to her mother namely Smt. Sushila wife of petitioner-Koja Ram Nayak. Accordingly, the Habeas Corpus Petition stands disposed of without prejudice to the further investigation in FIR Case no. 107/2003, Police Station-Jamsar, Distrcit-Bikaner.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
