HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Habeas Corpus Petition No. 349/2022

Dr. Swati Joshi D/o Ashok Joshi, R/o 301 and 303, Blue Sky

Apartments, C-Scheme Jaipur, Rajasthan

----Petitioner

Versus

1. The State Of Rajasthan through Principal Secretary, Home

Department, Secretariat, Jaipur.

2. Station House Officer, Police Station Jawahar Nagar, Jaipur.

3. Station House Officer, Police Station Ashok Nagar, Jaipur.

4. Deepak Asopa S/o Shri P.S. Asopa, R/o 7-DHA-6, Jawahar

Nagar, Jaipur

5. Pragati Asopa, D/o Shri P.S. Asopa, R/o 7-DHA-6, Jawahar

Nagar, Jaipur

6. Niddhi Sharma D/o Shri Alok Sharma, R/o 37 Uniara Garden

Colon, Trimurti Circle, Jaipur

7. The Additional Director General of Police, Anti Human

Trafficking Unit, Jaipur (Rajasthan)

----Respondents

For Petitioner(s)

:

Mr. Ajay Singh Advocate with

Ms. Deepa Choudhary Advocate,

Mr. Tribhuwan Rajput Advocate,

Mr. Prawal Mishra Advocate,

Mr. Jai Prakash Poshwal Advocate,

Mr. Pradeep Malakar Advocate &

Mr. Vijay Chaudhary Advocate.

For Respondent(s)

:

Mr. R.N. Mathur, Senior Advocate with

Mr. Sudhir Jain Advocate.

Mr. Suresh Kumar Sahni Advocate.

Mr. Bajrang Lal Choudhary Advocate.

Mr. Parth Sharma Advocate.

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

2/06/2023

By the Court: (Per Manindra Mohan Shrivastava,J)

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[HC-349/2022]

Heard.

This Habeas Corpus petition has been filed by the petitioner-

mother seeking production of the corpus, her minor son Atharv @

Ronnie, aged about 5 years and 6 months. Further prayer has

been made that custody of the minor son Atharv @ Ronnie be

handed over to her and she has also prayed for appropriate action

against Respondents No.4 to 6 on the allegation that Master

Atharv @ Ronnie is in illegal confinement.

The relevant factual matrix giving rise to the present petition

for issuance of writ of Habeas Corpus is that the petitioner-mother,

who is a dentist, was married to Respondent No.4. On

15.03.2017, Master Atharv @ Ronnie was born out of the wedlock.

The conjugal relationship, later on, became strained and the

petitioner-mother alleged that she was subjected to cruelty and

harassment by her husband-Respondent No.4. Allegations of

assault and beating in state of intoxication were made. The

dispute between the parties led to institution of application for

grant of decree of divorce on the basis of mutual consent under

Section 13B of the Hindu Marriage Act, 1955 (hereinafter referred

to as ‘the Act of 1955’). The parties agreed on the factual position

that the son Atharv @ Ronnie is in custody of his mother-

petitioner herein. The averments in the petition on the affidavit is

that the petitioner-mother has been taking care of her child’s

comforts,

contentment,

health,

education,

intellectual

development, favorable surrounding and also moral and ethical

values. Petitioner-mother averred that she got the son Atharv @

Ronnie admitted in one of the best school (Jay Shree Periwal

International Pre School) of the city, for better physical

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[HC-349/2022]

development. Further, it is stated that for better physical

development, petitioner-mother got her son Atharv @ Ronnie

enrolled in one of the best Clubs (Jai Club). Further case of the

petitioner-mother is that the husband-Respondent No.4 requested

her in the first week of September to send the son Atharv @

Ronnie to the place of his father, as his grandfather was not

keeping well and seeing his grandson will make him feel better, to

which, the petitioner-mother agreed and informing that she had to

go out of station for some work on 13^th September and, therefore,

son Atharv @ Ronnie may remain with the husband-Respondent

No.4 till she comes back. Thereafter, son Atharv @ Ronnie was

taken by the husband-Respondent No.4 to his house. When the

petitioner-mother returned to Jaipur