High CourtsDivision Bench

Santosh vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 23 February 2023 · Citation: (2023) 02 RAJ CK 0090

HON’BLE JUDGES
Arun Bhansali, J · Praveer Bhatnagar, J
RESULT
Dismissed
CASE NUMBER
D.B. Habeas Corpus Petition No. 365 Of 2022
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Judgment

7 paragraphs · 201 words

This petition has been filed by the petitioner – the mother seeking production of her minor daughter with the allegations that respondent no.4 had abducted her.

By order dated 21.12.2022, notices were issued to the respondents. Whereafter on 3.1.2023, 19.1.2023 and 3.2.2023, reports were produced by the respondents inter alia indicating the efforts made for tracing the corpus.

Today, learned GA submitted that the corpus along with respondent no.4 were traced / apprehended and as the corpus is minor, she was produced before the Child Welfare Committee, Jodhpur on 15.2.2023. After counseling, the corpus expressed her desire to go with her mother and her custody was handed over to her mother and today she has appeared along with her mother before the Court.

The Court interacted with the corpus, who indicated that she has come to the Court with her mother and wants to be her mother only.

In view of the above fact situation, wherein, the corpus is a minor and has indicated her desire to be with her mother.

After the petitioner has been handed over the custody of her daughter by the CWC, the petition has been rendered infructuous.

The same is, therefore, dismissed as having become infructuous.