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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Vijay Bishnoi, Praveer Bhatnagar, JJ.
Mool Chand – Appellant
Versus
State of Rajasthan & Ors. – Respondent
D.B. Habeas Corpus Petition No. 21 of 2023
Decided On : 02-02-2023
Habeas Corpus - Custody of Minor Sister - The court directed the police to hand over the custody of the minor sister to the petitioner after finding that she went to Haridwar on her own and expressed her desire to go with the petitioner.
Fact of the Case:
The petitioner alleged that his minor sister was abducted, but she stated that she went to Haridwar on her own and expressed her desire to go with the petitioner. The parents of the corpus had passed away, and she was residing with her aunty before going missing.
Finding of the Court:
The court found that the minor sister was not abducted and expressed her desire to go with the petitioner. Considering the circumstances, the court directed the police to hand over the custody of the corpus to the petitioner.
Issues: Alleged abduction of minor sister, custody of the minor sister, and the desire of the minor sister to go with the petitioner.
Ratio Decidendi: The court considered the minor sister's statement and the absence of her parents, leading to the decision to grant custody to the petitioner.
Final Decision: The court directed the police to hand over the custody of the corpus to the petitioner.
JUDGMENT
1. This habeas corpus petition has been filed by the petitioner alleging that his minor sister has been abducted by some unknown persons and in relation to that he has lodged the FIR No.2/2023.
2. Police Station Charbhuja, District Rajasamand on 03.01.2023 but the police have failed to trace out his minor sister.
3. Pursuant to the direction given by this Court, learned AAG-cum-GA has produced the corpus through police.
4. We have interacted with the corpus and she has stated that she went to Haridwar at her own and nobody abducted her. It is further stated by her that the police brought her from Haridwar. She has expressed her desire to go with the petitioner.
5. The petitioner, present in person, has also submitted that he is ready to take the custody of the corpus.
6. It is reported that the parents of the corpus has died long back and before missing she was residing with her aunty in village Jhilwada, District Rajsamand.
7. As per the school record, collected by the police, the date of birth of the corpus is 01.09.2007 and as such, till date she is minor.
8. As the parents of the corpus has already passed away and only her elder brother is in the family and she is also desirous to go with him, we deem it appropriate to dispose of this habeas corpus petition with a direction to the police to handover the custody of the corpus to the petitioner.
Ordered accordingly.
The court prioritized the best interests of the minor sister and granted custody to the petitioner based on her expressed desire and the absence of her parents.
The wishes of an individual who has reached the age of majority are paramount in determining the legality of their detention and residence.
The court reaffirmed the principle that the welfare of the minor is paramount in custody matters, and the police must act diligently in tracing missing persons.
The court prioritized the best interests of the minor corpus, ensuring her safety and well-being in a custody dispute.
The main legal point established in the judgment is the court's authority to dispose of a Habeas Corpus Petition after the subject of the petition is located and brought before the court, and adequat....
In a Habeas Corpus petition concerning a minor, the court prioritizes the minor's expressed desire to reside with their parent and ensure their continuation of education while exercising its extraord....
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