Jhamna Devi vs State Of Rajasthan And Ors

Heard. Perused the material available on record.

The petitioner has approached this Court by way of the instant habeas corpus petition seeking production of her maternal grand-daughter Mst. Kuku.

The minor child Mst. Kuku being the petitioner’s maternal-grand-daughter has been produced in the Court by Shri Mumtaz Khan, Circle Officer,

Bilara, Jodhpur Rural. It is stated that the child was living in the custody of the respondent - Sushila being her grand mother (Dadi).

The unfortunate preceding facts reveal that the petitioner’s daughter Priyanka was married to Jitendra @ Khemaram on 24.02.2014. The child

corpus was borne from the wedlock of Priyanka and Jitendra. Priyanka met with an untimely unnatural death by hanging in the matrimonial home on

13.05.2019. An FIR under Section 498 and Section 304-B IPC (FIR No.162/2019) was initially registered against Jitendra and his parents Babulal and

Smt. Sushila. The Investigating Officer, present in the Court, stated that Smt. Sushila and Babulal have not been found involved in the offence.

After the sad demise of Priyanka, the child was living at her father’s house but since, the father has been taken into custody, she is presently living

with her paternal grandparents who themselves were on the run to avoid arrest in the aforesaid FIR. No other legal guardian of the child in the order

of precedence has been left behind in the family.

We permitted the petitioner to meet the child who readily, happily and unhesitatingly went into the arms of the present petitioner being the maternal-

grand-mother. Manifestly, we feel that the petitioner being the maternal-grand mother of the child is definitely the best person who can look after and

ensure the well being and watch the best interests of the child for the present. That apart, with the death of Priyanka, the petitioner being her mother

is definitely entitled to stake a claim for the guardianship of her child.

In this background and looking to the overall facts and circumstances of the case and considering it to be in the best interest of the child, we direct that

Mst. Kuku shall be handed over in the guardianship of the petitioner being her maternal grand mother. In furtherance of the above direction, the

petitioner has taken custody of the child. The above order is passed without prejudice to the right of any entitled person who may desire to seek

custody of the child as per provisions of the Hindu Minority and Guardianship Act, 1956.

With these observations and directions, the present habeas corpus petition stands disposed of. Rule is discharged.