[2025:RJ-JP:5989-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Habeas Corpus Petition No. 427/2024 Ashu Tomar Wife Of Shri Ajay Tomar D/o Shri Sajjan Malik, Aged About 34 Years, At Present Resident Of House No. 9, Chand Bihari Nagar, Khatipura, Jaipur (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through The Secretary, Department Of Home, Govt. Of Rajasthan, Secretariat, Jaipur. 2. The Additional Director General Of Police, Anti Human Trafficking Unit, Jaipur (Rajasthan). 3. Commissioner Of Police, Jaipur Metropolitan, Jaipur (Raj.) 4. Deputy Commissioner Of Police, Jaipur West (Raj.) 5. S.h.o. Police Station Vaishali Nagar, District Jaipur City West (Raj.) 6. Ajay Tomar Son Of Shri Nirankar Singh, Resident Of B-4/2, 3Rd Floor, Wave Executive Floor, Green Wood Enclave, Wave City, Nh-24, Sector-5, Ghaziabad, Police Station Kotwali Ghaziabad (Uttar Pradesh) At Present R/o 22 Wing Air Force Station, Kumbhigram, Silchar (Assam). ----Respondents For Petitioner(s) : Mr. Rajveer Singh Mr. Pardeep Malik For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG Mr. Vivek Sharma, Addl.GA Mr. Gourav Gupta, Asst. GA Mr. Aman Kumar, AAAG Ms. Ambika Mr. Ravindra Singh- CI SHO Vaishali Nagar, Jaipur (West) HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 11/02/2025 1. This writ petition in the nature of Habeas Corpus is filed by the mother for production and handing over of the minor-son to the petitioner. [2025:RJ-JP:5989-DB] (2 of 2) [HC-427/2024] 2. The brief facts are that petitioner and respondent No.6 are husband and wife. The petition for divorce filed by respondent No.6-husband is pending before the Family Court. There is dispute with regard to custody of a minor child aged approximately five years. The petitioner lodged an FIR No.404/2024 dated 21.10.2024 registered at Police Station Vaishali Nagar, Jaipur (West), Rajasthan alleging that the minor child was kidnapped from the school by the husband-respondent No.6. Thereafter, this petition was filed in which it was ordered that respondent No.6 shall remain present before the Court along with minor child. 3. Today, respondent No.6-Mr. Ajay Tomar along with minor child are present before the Court as identified by the mother also. 4. The minor child is at impressionable age and is not mature enough for being interacted by the Court. The child admittedly is in the custody of father who is officer in Air Force. At this stage custody cannot be treated as illegal. The matter pertains to the custody of child and this Court in writ jurisdiction in absence of the evidence shall not be able to decide the paramount welfare of the minor. 5. The petition is dismissed relegating the parties to the remedies available in accordance with law. (PRAMIL KUMAR MATHUR),J (AVNEESH JHINGAN),J CHANDAN/Arun/105