Lavi Kumawat W/O Shri Mahendra ... vs State Of Rajasthan
2021 Latest Caselaw 3772 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            D.B. Habeas Corpus Petition No. 152/2021

Lavi Kumawat W/o Shri Mahendra Kumawat, Aged About 31
Years, R/o Dholi Mandi, Chomu, District Jaipur.
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through Home Secretary, Govt.
       Secretariat, Jaipur.
2.     Director General Of Police, Police Headquarter, Jaipur.
3.     Superintendent Of Police, Jaipur City, Jaipur.
4.     Station House Officer, Police Station Mahila Thana (West),
       Jaipur.
5.     Jaynarayan S/o Not Known, R/o Plot No. 114, Taranagar,
       Khirni Phatak, Jhotwara, Jaipur.
6.     The Additional Director General Of Police, Anti Human
       Trafficking, Jaipur.
                                                                ----Respondents

For Petitioner(s)        :     Mr. Kapil Gupta
                               Ms. Sushma Verma
For Respondent(s)        :     Ms. Rekha Madnani, AGA
                               Mr. Namo Narayan Sharma
                               Mr. S.K. Gupta with
                               Ms. Surabhi Agarwal



           HON'BLE MR. JUSTICE SANDEEP MEHTA
          HON'BLE MR. JUSTICE RAMESHWAR VYAS

                                Judgment

16/08/2021

The instant habeas corpus petition has been filed by the

petitioner Smt. Lavi Kumawat, alleging that her minor son Master

'A' has been illegaly confined by her father Shri Mahendra and she

seeks production of the child in these proceedings.

(2 of 2) [HC-152/2021]

Learned counsel Shri S.K. Gupta has kept respondent No.7

Shri Mahendra available in the Court today with the child. We tried

to find out a resolution in the best interest of the child After

thorough consultation with the parties and observing the actions

of the child, we are of the view that the appropriate remedy for

the petitioner would be to seek custody/guardianship of the child

by approaching the Family Court concerned. In the meantime and

as an interim arrangement, it is hereby directed that the petitioner

shall be granted visitation rights to meet the child in the following

manner. Subject to all other things being in order, the petitioner

shall convey a message to the respondent Shri Mahendra who

shall keep the child available at the Tritan Mall, Jaipur on every

Sunday of the month, between 1.00 PM to 5.00 PM, where the

petitioner shall meet and interact with the child in a congenial

atmosphere.

With the expectation that the spouses would try to amicably

resolve their differences during the course of the visitation

meetings, we dispose of this habeas corpus petition without

prejudice to the rights of the petitioner to seek custody of the

child before the appropriate forum. Rule is discharged.

(RAMESHWAR VYAS),J (SANDEEP MEHTA),J

64/-Devesh/-

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