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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MAHENDAR KUMAR GOYAL, SAMEER JAIN
Komal Sharma, W/o. Shubham Jaimini – Appellant
Versus
State Of Rajasthan, Through Principal Secretary – Respondent
| Table of Content |
|---|
| 1. habeas corpus petition filed for custody. (Para 1 , 3 , 4 , 5) |
| 2. respondent denies illegal detention. (Para 6 , 8 , 10 , 11) |
| 3. court questions legality of detention. (Para 12 , 13 , 14 , 16) |
| 4. welfare of the child is paramount. (Para 19) |
JUDGMENT :
1. This habeas corpus petition has been filed seeking custody of the master ‘M.’, petitioner’s son.
2. Learned Government Advocate cum Additional Advocate General has submitted the status report dated 09.02.2026 furnished by SHO, Police Station Hindaun City, District Karauli.
3. The relevant facts in brief are that the petitioner married the respondent No. 6, Shri Shubham Jaimini on 18.02.2018 and master ‘M.’ was born on 24.10.2019. The petitioner as well as the respondent No. 6 are Government officers.
4. As per the petitioner’s case, in the year 2025, when both of them were posted in Udaipur where master ‘M.’ was also studying, the respondent No. 6 obtained Transfer Certificate from the school without information to her and took him illegally to Sawai Madhopur to his grandparents house. It is averred in the petition that upon protest by her, she was allowed to converse with master ‘M.’ on mobile on few occasions. It is al
Welfare of the child is paramount in custody matters; habeas corpus petitions should not displace detailed inquiry under family law provisions concerning guardianship.
Custody of child – No hard and fast rule can be laid down insofar as maintainability of a habeas corpus petition in matters of custody of a minor child is concerned – As to whether writ court should ....
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 main legal point established in the judgment is that the custody of a minor child with the father as the natural guardian cannot be held illegal or unlawful unless it is in breach of some authori....
Point of law: Custody of child - In a child custody matter, a writ of habeas corpus would be entertainable where it is established that the detention of the minor child by the parent or others is ill....
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....
The welfare of the child is paramount in custody matters, and the jurisdiction of the Family Court is crucial in adjudicating custody disputes.
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