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

22 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.