Back
RAJASTHAN HIGH COURT BENCH AT JAIPUR
Vijay Bishnoi, Goverdhan Bardhar, JJ.
Yogendra Kumar - Appellant
Versus
State of Rajasthan & Ors. - Respondents
Habeas Corpus Petition No. 260 of 2021
Decided On : 13-09-2021
HABEAS CORPUS - MINOR'S WISHES - The court addressed a habeas corpus petition concerning a minor allegedly abducted. The court determined that the minor, upon reaching the age of majority, expressed a clear desire to remain with the respondent, leading to the dismissal of the petition. The court emphasized the importance of the individual's wishes and legal status in determining the outcome.
Fact of the Case:
The petitioner filed a habeas corpus petition claiming her minor daughter was abducted and illegally detained by the respondent. The court initially intervened to ascertain the minor's wishes.
Finding of the Court:
The court found that the minor, after being placed in a care facility, expressed her desire to live with the respondent and was not under any pressure. Upon confirming her age, the court recognized her as a major.
Issues: Whether the minor was illegally detained and whether her wishes should be considered in the context of her age and legal status.
Ratio Decidendi: The court concluded that since the minor had reached the age of majority and expressed her wishes clearly, there was no basis for the habeas corpus petition, as she was not in illegal detention.
Result: The habeas corpus petition was dismissed, allowing the minor to choose her place of residence freely.
JUDGMENT
1. This habeas corpus petition has been filed by the petitioner alleging that her minor daughter aged 17 years and 9 months has been abducted by the respondent No.4 and at present she is in his illegal detention.
2. Pursuant to the direction given by this Court on 06.09.2021, the corpus was produced before this Court on 08.09.2021 and then we ascertained her wishes, upon which she has specifically stated that she does not want to go with her parents and wants to live with the respondent No.4 only. On that day, we felt that the corpus was not in a position to take independent decision, therefore, we directed the respondent-State to send the corpus to Bal Shishu Grah, Gandhi Nagar, Jaipur for the time being and fixed the matter for 13.09.2021.
3. Pursuant to the above direction, the corpus was lodged in Bal Shishu Grah, Gandhi Nagar, Jaipur where she was allowed to meet her parents and the same is ascertained by learned counsel for the petitioner.
4. Today, the corpus is produced before this Court and we have also ascertained her wishes, wherein she has specifically stated that she does not want to go with her parents and wants to go with the respondent No.4 only. She has also specifically stated that she is not under the pressure of anybody.
5. As per Certificate with Mark-Sheet of Secondary Supplementary Examination ? 2018 (Annexure-2) of the corpus, produced along with this writ petition, her date of birth is 10.09.2003 and as such she has completed her 18 years of age and now she is major.
6. In such circumstances, when the corpus is not in illegal detention of anybody and is major, we left with no other option except to dismiss this habeas corpus petition.
7. Hence, this habeas corpus petition is dismissed. However, the corpus is free to go to her place of choice and the police is instructed to facilitate her return to her place of choice.
The wishes of an individual who has reached the age of majority are paramount in determining the legality of their detention and residence.
The paramount consideration in habeas corpus petitions involving minors is the welfare and well-being of the minor, without strictly construing statutory provisions.
The paramount consideration for the court in cases involving minors is the welfare of the minor, and the court may invoke its extraordinary jurisdiction to determine custody based on the welfare of t....
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....
A minor who is capable of understanding her circumstances has the right to make decisions regarding her custody, and such decisions should be respected unless there is clear evidence of illegal deten....
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....
Custody of a minor child by relatives after a parent's death does not constitute illegal detention, and custody disputes should be addressed through appropriate legal proceedings.
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
