“What Happened Is Sorry State Of Affairs” Rajasthan High Court Allows Writ Of Habeas Corpus And Hands Over The Custody To Mother Of The Child

The Hon’ble Rajasthan High Court at Jodhpur allowed the writ of Habeas Corpus and handed over the custody of child born to mother who is minor in age at the time of his birth.

BRIEF FACTS OF THE CASE

The petitioner and her husband eloped from the family and got married. A child was born out of a wedlock between Husband and minor wife aged about 17 years. The father of the petitioner took the custody of child and gave to some social worker who called herself as CWC member when the baby was only 6 days old. The child was further handed over to some other person. The petitioner did not know whereabouts of her child. After getting the age of majority, she filed the present petition. Hon’ble court has ordered police authorities to trace the child which was later produced before the court by one Mrs. Disha.

CONTENTION OF THE PARTIES

Submissions have been made on her behalf that the child was aged only six days and was abandoned by father of the petitioner and was left with Asha Ramawat, and on account of the fact that she is childless, as her mother had previously talked with Asha Ramawat, the child was handed over to her through her mother, for taking care of the child.

Learned counsel for Mrs. Disha fairly submits that the action of Asha Ramawat and subsequent handing over of the child to Mrs. Disha, was contrary to the provisions of law. However, it was submitted that the child has been looked after well and they have no objection in handing over back the child to the petitioner.

HON’BLE COURT’S OBSERVATIONS

Essentially Hon’ble Division Bench comprising Hon’ble Mr. Justice Rajendra Prakash Soni and Hon’ble Mr. Justice Arun Bhansali observed that “The sequence of events, which have come on record, paints a sorry state of affairs, which are happening in the society.”

Further, it was held that “Having considered the sequence of events as noticed hereinbefore, besides fact that the action of respondent No.3 father of the petitioner, in handing over a six days’ old child to someone after taking the custody from the mother, irrespective of the fact that the mother was minor at the relevant time, and thereafter the action of the purported social worker, who was earlier member of CWC, cannot be countenanced under any circumstances.

“the conduct of Ms. Asha Ramawat is wholly contrary to law, who under the guise of social activity, apparently in conspiracy with maternal grandfather of the infant to espouse her personal interest, for the purpose of getting rid of the child, has misused her status as former member of CWC, which is required to be dealt with in accordance with law by the respondent Nos.1 & 2, who are directed accordingly.”

In view of the above, Hon’ble court handed over the custody of child from Mrs. Disha to the mother/petitioner.

Case no. :-   D.B. Habeas Corpus Petition No. 118/2023

Order date :- 23.05.2023