Smt. Rama Dhand vs State of Uttarakhand and Arun Rajput

Hon''ble Prafulla C. Pant, J.—Heard.

This petition was registered as writ of habeas corpus under orders of Hon''ble Chief Justice. The petitioner Rama Dhand has complained that her daughter Suman and her grand-son Rahul are in the illegal custody of Arun Rajput (respondent no. 2) who runs ASHRAM in Rishikesh. In para 2 of her petition she admits that about six years back her daughter Suman got married to Arun Guru Ji Maharaj @ Arun Rajput which was her second marriage, after her divorce from her first husband. In para 3 of the petition petitioner Rama Dhand says that Rahul was born out of the earlier wed-lock of Suman, and he (Rahul) is getting education in Nirmal Ashram Deepmala Public School, Rishikesh. She has further admitted in para 3 that Rahul was adopted as son by Arun Guru Ji Maharaj @ Arun Rajput. Grievance of the petitioner is that she (Rama Dhand) is not being allowed to meet his daughter Suman and grand son Rahul. It is also admitted in the petition that a son named Rudraksh born out of the second wed-lock of Suman on 5.11.2008. The petitioner has complained that on 03.04.2011, after a quarrel between Suman and Arun Rajput she was beaten mercilessly, and ousted from ashram and her whereabouts are not known. She has further pleaded that her writ petition may be treated as habeas corpus petition.

This Court vide its order dated 21.09.2011, directed the respondent no. Arun Rajput to produce Suman and Rahul in the Court. In compliance of said order Arun Rajput is present in court alongwith Rahul (grand son of the petitioner). He (Arun Rajput) told this Court that Suman is not in his custody. As to Rahul he stated that Rahul is getting education in Nirmal Ashram Deepmala Public School, Rishikesh, where he lives in boarding house. He further told that he is taking every care of the child as a father.

This Court also interacted with child (Rahul). He told this Court that he is happy with respondent no. 2 Arun Rajput who is looking after him. The Young boy aged seven years told this Court that he is studying in aforesaid public school, and lives in a hostel. He further told that he goes to the Ashram of respondent no. 2 whenever there are holidays in the school.

Rama Dhand is not present in court, nor she is guardian of the child. In the circumstances, this Court has no option but tosaid have adopted the child )with whom he says he is happy. In the given circumstances of the case, Arun Rajput is the only guardian of the child Rahul with whom he can be allowed to go.

As far as Suman is concerned, counter affidavit filed on behalf of the State discloses that whereabouts of Suman are yet not known, and she does not appear to be detained at this stage by Arun Rajput.

In the above circumstances, this writ petition is dismissed without prejudice to the rights of the parties, and Master Rahul is allowed to go with respondent no. 2 Arun Rajput who has adopted him as his son, and looking after him.