KUSUM LATA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This habeas corpus petition under Article 226 of the Constitution of India has been filed by the petitioner with regard to illegal detention of her minor son aged about one and a half years and seeking custody of her minor son, who is admittedly in illegal custody of his grand-parents.

(2.) Brief facts of the case are that the petitioner solemnized marriage with deceased Lalaram Bairwa on 15/3/2021. Out of their wedlock, one male child was born on 18/10/2022. The petitioner was appointed as a School Lecturer Grade-I on 1/2/2024. Unfortunately, the husband of the petitioner died in a road accident on 18/2/2024. Thereafter, the petitioner left her matrimonial home to join her duties, where she was posted in District Tonk. During this, custody of the minor child remained with the respondents, who thereafter did not hand over custody of her minor son and illegally detained him, therefore, she has filed this habeas corpus petition with regard to illegal detention of her minor son and seeking custody of her minor son.

(3.) Heard learned counsel for the parties.