High CourtsDIVISION BENCH(2017) 12 RAJ CK 0009

Smt. Vimla Devi Wife of Shri Jawahar Lal vs State of Rajasthan

Rajasthan High Court · Decided on 4 December 2017

HON’BLE JUDGES
Mohammad Rafiq, Kailash Chandra Sharma
RESULT
Disposed
CASE NUMBER
211 of 2017

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Judgment

4 paragraphs · 205 words
1.

Copy of order dated 31.08.2017 passed by Judicial Magistrate, Boli has been produced by learned counsel for Respondent No. 5 to argue that temporary custody of son of the petitioner Rakesh, who is said to be mentally retarded, has been given on Supurdagi to his uncle Satyanarain on 19.07.2017 because his mother after death of her husband married for second time with someone else.

2.

Mr. B. N. Sandu, learned Additional Advocate General, on instructions from Mr. Bal Kishan, Sub Inspector of Police present in the Court, submits that matter with regard to custody of son of the petitioner Rakesh is presently pending before Child Welfare Committee at Sawai Madhopur.

3.

Having regard to the fact aforesaid and keeping in view the interest of the child namely Rakesh, Child Welfaer Committee, Sawai Madhopur is directed to decide the dispute with regard to custody of Rakesh, who is said to be mentally retarded within a period of one month from the date of production of copy of this order before it. It would be open to either of the parties to avail their remedy against the order passed by the Child Welfare Committee.

4.

With the aforesaid direction, present habeas corpus petition stands disposed off.