Kanchan Rathor W/O Ashish Rathor vs State Of Rajasthan
2022 Latest Caselaw 2022 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             D.B. Habeas Corpus Petition No. 54/2022

Kanchan Rathor W/o Ashish Rathor
                                                                        ----Petitioner
                                          Versus
 State Of Rajasthan and Ors.
                                                                     ----Respondents

For Petitioner(s) : Mr. Vishal Pareek Mr. Shubham Khunteta Mr. Vivek Shekhawat Mr. Pratosh Choudhary For Respondent(s) : Mr. Bhawani Singh For State : Ms. Rekha Madnani with Mr. Sajjan Singh, SI, Mahila P.S. Jaipur (South)

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Judgment / Order

07/03/2022

1. In pursuance of the direction of the Court, the corpus was

produced before the Court. The corpus is aged three years and ten

months.

2. No one has put in appearance on behalf of the Respondent

No.5. Respondents No.6 & 7 are present in person in the Court.

3. It is informed by Mr. Sajjan Singh, SI, Mahila P.S. Jaipur

(South) that the vehicle of the father of the corpus has been taken

for election duty and for that reason he could not appear before

the Court.

4. We have considered the contentions.

5. According to Section 6 of the Hindu Minority and

Guardianship Act, the custody of the minor who has not completed

(2 of 2) [HC-54/2022]

the age of five years shall ordinarily be with the mother, also

taking note of the fact that the child is comfortable in the arms of

the mother right now before the Court, we deem it proper to

permit the petitioner to keep the child till next date, as she has

priority over the grand parents of the child.

6. Notices of Respondent No.5 are awaited.

7. List this matter on 24.03.2022.

8. Petitioner is directed to appear before the Court on the next

date with the child.

9. Mr. Sajjan Singh, SI, Mahila P.S. Jaipur (South) is directed to

inform Respondent No.5 about the listing of the case on

24.03.2022.

(ANOOP KUMAR DHAND),J (PANKAJ BHANDARI),J

ARTI SHARMA /C-1

Powered by TCPDF (www.tcpdf.org)