The court prioritized the best interests of the minor corpus, ensuring her safety and well-being in a custody dispute.

JUDGMENT

1. This habeas corpus petition is filed by the petitioner alleging therein that her grand-daughter is missing since 19.07.2022 and she has apprehension that respondent No.4 might have kidnapped her. It is also averred in the petition that earlier also, the corpus eloped with the respondent No.4 and in relation to that, the petitioner lodged a report with the Police, wherein her grand-daughter was traced out and produced before the Child Welfare Committee and, thereafter, she was sent to the Juvenile Home (Female), Jodhpur and after two months, on the request of the corpus, her custody was handed over to the petitioner.

2. Learned counsel for the petitioner has submitted that on 06.09.2022, again the respondent No.4 had kidnapped petitioner’s grand-daughter and she was in his illegal confinement. It is further submitted that in relation to that, an FIR No.240/2022 was lodged at Police Station Sadar Pali, District Pali on 10.10.2022, however, the police is not making sincere efforts to trace out the corpus. It is specifically averred in the petition that the petitioner’s grand-daughter is minor and there is apprehension that she may be trafficked somewhere and may be forced to enter into illegal activities.

3. Pursuant to the directions given by this Court, the corpus was produced before us on 02.01.2023. On that day, we have interacted with the corpus and she has stated that she eloped with the respondent No.4 as per her own free will, however, now she wants to go with the petitioner or her parents. On that day, the father of the corpus was present in person before this Court, however, he refused to take her custody and this Court ordered to lodge the corpus in Balika Grah, Jodhpur.

4. On 06.02.2023, the corpus was produced before this Court and on that day, she has stated that she is ready to go with her father and her grand-mother, but she has apprehension that they may harass her and will not allow to continue her studies.

5. Taking into consideration the overall facts and circumstances of the case, this Court issued directions to the Secretary, High Court Legal Services Committee, Jodhpur to do the needful in the matter so that the corpus may be admitted in the girls hostel to continue her studies.

6. Today, report of the Secretary, High Court Legal Services Committee, Jodhpur is placed on record, wherein it is mentioned that the corpus already admitted in Kasturba Gandhi Awasiya Vidhalaya, Type III, Pali City on 08.02.2023 in seventh standard and her studies are going on.

7. Learned counsel for the petitioner has submitted that the petitioner is satisfied and feeling safe that her grand-daughter is admitted in Kasturba Gandhi Awasiya Vidhalaya, Type III, Pali City.

8. In view of the above facts and circumstances, this habeas corpus petition is disposed of, however, we instruct the Child Welfare Committee, Pali to monitor the stay of the corpus in Kasturba Gandhi Awasiya Vidhalaya, Type III, Pali City from time to time.

9. The report produced by the Secretary, High Court Legal Services Committee, Jodhpur is taken on record.