SHIV KUMAR MAHESHWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS habeas corpus petition has been filed by the petitioner Shiv Kumar Maheshwari who claims that he had adopted a minor girl Kumari Riya born to Sandeep Maheshwari S/o Shri Mahendra Kumar Maheshwari and his wife Smt. Manisha Maheshwari at Meerut who are distant relatives of the petitioner. The petitioner claims that the child was adopted on or about 13.12.2002 and a document by way of adoption deed is also said to have been executed by both the parties who had consented to the same for giving and taking in adoption. It is submitted that since 2002, the minor girl Kumari Riya has been living with the petitioner at Jaipur as their adopted child. It is submitted that in February 2012 the respondent No.6, Sandeep Maheshwari came to jaipur and forcibly took away Kumari Riya from the care of the petitioner and it is further alleged that now Sandeep Maheshwari, respondent No.6 wants to give away the child to the respondents No. 7 to 10.

(2.) THIS habeas corpus petition has been filed with the prayer that daughter of the petitioner Kumari Riya be produced before the court and handed over to him as he is the father and entitled to her custody and she be released from illegal detention.