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2021 Supreme(Raj) 1374
RAJASTHAN HIGH COURT
Sandeep Mehta, Rameshwar Vyas, JJ.
Sethu Ram - Appellant
Versus
State of Rajasthan & Ors. - Respondents
Habeas Corpus Petition No. 220 of 2021
Decided On : 17-09-2021
Ajay Kumar, Advocate, Anil Bidan, Advocate, Farzand Ali, Advocate, Abhishek Purohit, Advocate, Subhash Chand, Advocate, Chanda, Advocate
The court reaffirmed the principle that the wishes of the individual in custody matters are significant and should be respected, particularly when it concerns family unity.
Headnote:
HABEAS CORPUS - CUSTODY OF CHILDREN - The court addressed a habeas corpus petition concerning the custody of Mst. ?B? and her children. The court emphasized the importance of the corpus's expressed desire to be with the petitioner, leading to the decision to set her at liberty and allow her to choose her place of residence, thereby prioritizing the wishes of the individual involved in the custody matter.
Fact of the Case:
Mst. ?B? was presented in court along with her two children by law enforcement officials. The children expressed happiness in the presence of their mother, who indicated a desire to be with the petitioner.
Finding of the Court:
The court found that Mst. ?B? should be allowed to go with the petitioner, as her expressed wishes were clear and in the best interest of the family.
Issues: Whether Mst. ?B? should be granted liberty to choose her place of residence and whether her children should accompany her.
Ratio Decidendi: The court held that the expressed desire of the corpus to be with the petitioner was paramount, and the law supports the liberty of individuals to choose their living arrangements, especially in matters involving family.
Result: The habeas corpus petition was disposed of, and Mst. ?B? was ordered to be set at liberty, with her children allowed to accompany her. The petitioner was to be reimbursed the cost deposited earlier.
JUDGMENT
1. The corpus Mst. ?B? has been presented in the court by Mr. Subhash Chand, C.I., S.H.O., Police Station Degana and Ms. Chanda, M.F.C., Belt No.1798. Her two children have also been produced in the court. They have happily gone into the company of the alleged corpus. On conferring with the corpus, she expressed a desire that she may be allowed to go with the present petitioner.
2. In this background, we hereby direct that the corpus shall be set at liberty forthwith. She alongwith her children shall be escorted to the place of her choice. The peremptory cost of Rs.10,000/- deposited by the petitioner in terms of the order dated 05.08.2021 shall be reimbursed to him.
3. The habeas corpus petition is disposed of. The rule is discharged.
