HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Habeas Corpus Petition No. 105/2022

Smt. Rinku Sharma age 33 years, D/o Late Krishnagopal Sharma

W/o Shri Vedprakash Sharma, Resident Of Harayan Mohalla,

Purana Shehar, Kishangarh, District Ajmer (Raj.)

----Petitioner

Versus

1.

State Of Rajasthan, Through The Secretary, Department

Of Home, Govt. Of Rajasthan, Secretariat, Jaipur.

2.

The Director General Of Police, Police Headquarter, Lal

Kothi, Jaipur.

3.

The Additional Director General Of Police, Anti Human

Trafficking Unit, Jaipur (Raj.)

4.

The Superintendent Of Police, Ajmer (Raj.)

5.

The Station House Officer, Police Station Madanganj,

Kishangarh, District Ajmer.

6.

Shri Vedprakash Sharma S/o Shri Sundar Lal Sharma,

Resident Of 112A India Gate, Urja Vihar, Sanganer, Jaipur.

----Respondents

For Petitioner(s)

:

Mr. Aman Pareek through VC

For Respondent(s)

:

Mr. Atul Sharma, Dy. G.A.

HON'BLE MR. JUSTICE PANKAJ BHANDARI

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

18/04/2022

1.

Petitioner has preferred this habeas corpus petition seeking

direction for production of corpus who happens to be her three

years old child.

2.

The factual matrix of the case is that the petitioner earlier

filed a petition before Additional District Judge No.1 Kishangarh

District Ajmer under Section 25 of Guardians and Wards Act.

(2 of 2)

[HC-105/2022]

Additional District Judge No.1 Kishangarh, District Ajmer, vide

order dated 08.04.2021 returned the application under Section 25

of Guardians and Wards Act presented before the Court. Order

dated 08.04.2022 was challenged by the petitioner in a writ

petition before the High Court. Respondent No.6 has moved an

application under Section 7 of Guardians and Wards Act before

Family Court, Jaipur for seeking declaration that he be appointed

as a guardian of the minor.

3.

We have considered the contentions.

4.

Admittedly, a petition is pending before the Family Court,

Jaipur under Section 7 of Guardians and Wards Act, wherein

respondent No.6 has claimed guardianship of his minor child.

Petitioner is free to contest that application and claim

guardianship/visitation rights.

5.

Since, proceedings are pending before the Family Court,

Jaipur, we do not find it a fit case to entertain the habeas corpus

petition,

6.

Habeas Corpus Petition is accordingly, dismissed.

(ANOOP KUMAR DHAND),J

(PANKAJ BHANDARI),J

HEENA/107