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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Sandeep Mehta, Vinod Kumar Bharwani, JJ.
Naresh Kumar – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
Habeas Corpus Petition No. 18 of 2022
Decided On : 19-01-2022
HABEAS CORPUS - Minor's Custody - Validity of Child Welfare Committee's Order under Juvenile Justice Act
Fact of the Case:
The petitioner filed a habeas corpus petition seeking the production of his minor wife, who had been placed in a shelter home under the valid order of the Child Welfare Committee.
Finding of the Court:
The court found that the minor wife had been placed in the shelter home under a valid order of the Child Welfare Committee and that the validity of such an order cannot be examined in a writ of habeas corpus. The court also noted that as the minor's date of birth indicated she was a minor, only her parents could stake a claim for her custody.
Issues: Validity of Child Welfare Committee's order, Custody of a minor, Merits of the habeas corpus petition
Ratio Decidendi: The court held that the validity of an order passed by the Child Welfare Committee under the Juvenile Justice Act cannot be examined in a writ of habeas corpus. Additionally, as the minor was confirmed to be a minor based on her date of birth, only her parents could claim custody.
Final Decision: The habeas corpus petition was dismissed as the minor was not under any illegal confinement and was placed in the shelter home under a valid order of the Child Welfare Committee.
ORDER
1. Heard learned counsel for the petitioner.
2. The instant habeas corpus petition has been filed by the petitioner seeking a direction for production of one Mst. 'P' in this Court claiming that she is his legally wedded wife and that she has been wrongfully confined.
3. A perusal of the documents available on record indicates that the date of birth of Mst. 'P', as per her Secondary School Marksheet, is 05.06.2006 and thus, she is minor as on date. The corpus was presented before the Child Welfare Committee and after considering her statement and taking note of the apprehension expressed by the girl, her custody was restored to her father. The Child Welfare Committee directed the Superintendent of Police, Barmer to ensure the safety of the child and to provide her protection. The Superintendent of Police, Barmer has also issued a letter dated 11.12.2021 in compliance. As the child continued to convey apprehensions regarding her safety and well being, the Child Welfare Committee, Barmer, by order dated 11.12.2021, directed the Superintendent of Police, Barmer to send Mst. 'P' to the Balika Gruh, Jodhpur. Thus, presently, the corpus is being housed at the Balika Gruh, Jodhpur under a valid order of the Child Welfare Committee, Barmer.
4. It is trite to state that validity of an order passed by the Child Welfare Committee under the Juvenile Justice (Care and Protection of Children) Act, 2015 cannot be examined in a writ of habeas corpus. Apparently, as the corpus has been sent to the Balika Gruh, Jodhpur under a valid order of the Child Welfare Committee in terms of the Juvenile Justice (Care and Protection of Children) Act, 2015, she is not under any kind of illegal confinement. Furthermore, as the date of birth of the corpus recorded in her school documents is 05.06.2006, she being a minor, no one other than her parents can stake a claim for her custody.
5. As a consequence, we find no merit in this habeas corpus petition which is dismissed as such.
The validity of an order passed by the Child Welfare Committee under the Juvenile Justice Act cannot be examined in a writ of habeas corpus, and only parents can claim custody of a minor.
Writ of habeas corpus is not maintainable against custody resulting from judicial orders by a Child Welfare Committee, as the remedy lies under the Guardians and Wards Act.
The court prioritized the best interests of the minor corpus, ensuring her safety and well-being in a custody dispute.
The central legal point established in the judgment is the reliance on the verification of the birth certificate and the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015....
Court emphasizes the welfare of the child in custody matters while maintaining jurisdictional limits.
Point of Law : It is only in exceptional cases, the rights of the parties to the custody of the minor will be determined in exercise of extraordinary jurisdiction on a petition for habeas corpus.
Point of law: Custody of child - In a child custody matter, a writ of habeas corpus would be entertainable where it is established that the detention of the minor child by the parent or others is ill....
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