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2025 DAILYLAW 41411 (RAJ)

SUNITA SHARMA W/O MR. ASHISH SHARMA v. STATE OF RAJASTHAN

HC/400/2025 · 2025-12-19

body2025

Judgment text

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[2025:RJ-JP:51484-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Habeas Corpus Petition No. 400/2025 Sunita Sharma W/o Mr. Ashish Sharma, Aged About 32 Years, Resident Of Plot No. 668, Chambal Garden Road, Dadabari Ajmer, Rajasthan ----Petitioner Versus 1. State Of Rajasthan, Through Secretary, Home Department, Government Of Rajasthan, Secretariat, Bhagwan Das Road, Jaipur 2. Additional Director General Of Police, Anti Human Trafficking Unit, Jaipur, Rajasthan 3. Deputy Superintendent Of Police, Ajmer 4. Mr. Ashish Sharma, Son Of Mr. Rajendra Kumar Sharma, Aged About 32 Years, Permanent Resident Of Plot No. 41, Behind Mamta Farm House, Dev Restaurant, Janana Hospital, Ajmer, Rajasthan 305023 ----Respondents For Petitioner(s) : Ms. Yaadvi Dhawan Mr. Yashwant Singh For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Aman Kumar HON'BLE MR. JUSTICE SUDESH BANSAL HON'BLE MR. JUSTICE BHUWAN GOYAL Order 19/12/2025 Petitioner, being the natural mother of an infant baby child, has approached before this Court by way of filing the present Habeas Corpus Petition, stating inter-alia, that her husband visited her house on 29.04.2025 and, by luring her minor daughter, aged four years, took the minor child away from her custody; and since thereafter, despite repeated requests and making all possible efforts, the petitioner has not been able to restore the custody of her minor daughter. Hence, the present petition. [2025:RJ-JP:51484-DB] (2 of 2) [HC-400/2025] 2. Indisputably, prior to filing of the present petition, petitioner has already filed an application dated 20.09.2025 before the Family Court, Ajmer, invoking the provisions of Hindu Marriage Act and the Guardians and Wards Act, seeking to restore the custody of her minor baby child. 3. Counsel for the petitioner, during course of the arguments, admits that in addition to the remedy as availed by the petitioner before the Family Court, she may also avail the remedy before the concerned District Magistrate or Sub-Divisional Magistrate, as enshrined under Section 101 of BNSS, 2023, for immediate restoration of her minor female child. 4. In view of the above, counsel for the petitioner, having instructions of petitioner, seeks permission to withdraw this petition, with liberty to avail the remedy as available before the concerned District Magistrate or Sub-Divisional Magistrate, under Section 101 of BNSS, 2023. 5. Accordingly, the present petition is allowed to be withdrawn and same stands disposed of with the liberty as prayed for. 6. Pending application(s), if any, stand(s) disposed of. (BHUWAN GOYAL),J (SUDESH BANSAL),J Sachin Sharma/ 8