VIDYA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner, who is the mother of detenu Km. Manju, by way of the present habeas corpus petition, has sought release of Km. Manju on the ground that she being her natural guardian and was earlier living with her have a right to claim her custody. It is pertinent to mention in this connection that one Man Singh filed a complaint in the court of learned Civil Judge (JD) and Judicial Magistrate, First Class, Badi on 12. 09. 2000, which was sent for investigation to the police station Kanchanpur, District Dholpur u/sec. 156 (3) Cr. P. C. on which FIR No. 150/2000 was registered with the above police station.

(3.) ON taking over all view of the matter and also having regard to the safety and security of the minor girl, we feel that, interest of justice will be better met, if she remains in Nari Niketan, Jaipur. In case the petitioner is desirous of claiming custody of Km. Manju, she is at liberty to move to appropriate forum i. e. the Court of Guardian and Wards Act, if she establishes her rightful claim for her custody and the competent court may pass necessary orders in this regard in accordance with law.