LAWS(RAJ)-2023-7-38

KANCHAN DEVI Vs. STATE OF RAJASTHAN

Decided On July 17, 2023
KANCHAN DEVI Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This petition in the nature of Habeas Corpus has been filed by the petitioner, inter-alia, alleging that her son Laxman aged about 6 years is in illegal custody of respondent Nos.4 to 7 i.e. grandfather, uncle, etc. of the corpus.

(2.) Submissions have been made that the petitioner is married to Nirmal and out of their wedlock two children, Pankaj - 9 years and Laxman - 6 years, were born. It is further stated that they decided to part ways and agreed that Laxman would remain with the petitioner, whereafter she started living in live-in-relationship with one Manoj Dan.

(3.) The respondents initiated proceedings under Sec. 97 of Cr.P.C. and when the child was produced in the police station, he was snatched away by the respondents and has been handed over to the father and as the child is in illegal custody of the respondents, they be directed to handover the possession of the corpus to the petitioner.