Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANOJ KUMAR GARG, RAVI CHIRANIA
Rahisuddin Khan, S/o. Umardeen Khan – Appellant
Versus
State Of Rajasthan, Through Secretary, The Ministry Of Home Affairs, Rajasthan Jaipur – Respondent
JUDGMENT :
1. Instant writ petition has been filed by the petitioner under Article 226 of Constitution of India, for issuance of writ in the nature of habeas corpus with the prayer that the respondent-State authorities from 1 to 4 be directed to produce the Corpus namely a minor boy Jakwan Khan @ Rakan, his grand son, and be free from the illegal and wrongful confinement of respondent No.5. The prayer of the writ petition is reproduced as under :-
“(i) That the grandson of the petitioner corpus namely Jakwan Khan @ Rakan may be got freed from the illegal or wrongful confinement of private respondent no.5 and official respondent no. 1 to 4 may kindly be directed to produce before this Hon’ble Court and also directed to be given custody of the minor child as the petitioner is already having in previous time, also taking care of future of the minor child.
(ii) That the official respondents may also be directed to deal with the respondent no.5 with heavy hands for kidnapping the minor child Jakwan Khan @ Rakan from the lawful custody of the petitioner by taking strong action against herself looking to the conduct and offence committed by herself.
(iii) That any other order or direction whi
Writ of habeas corpus can restore custody of a minor from illegal detention, emphasizing welfare of the child over technical legal rights. Mother disqualified for custody due to abandonment and illeg....
The welfare of the child is of paramount consideration in child custody disputes, and decisions should be made based on the best interests of the child.
The welfare of the child is the paramount consideration in determining custody, and the writ of habeas corpus is maintainable in child custody matters where the detention of a minor child by a parent....
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.
The welfare of the child is the decisive factor for the claim of custody, and the court should strike a balance between the welfare of the child and the rights of the parents over the child.
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
