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2026 DAILYLAW 8154 (RAJ)

DATARAM SON OF SHRI POORAN v. STATE OF RAJASTHAN

WMAP/173/2026 · 2026-05-21

Arun Monga, Baljinder Singh Sandhu

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:21696-DB] (1 of 4) [WMAP-173/2026] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Writ Miscellaneous Application No. 173/2026 Dataram Son Of Shri Pooran, Aged About 56 Years, Resident Of Village Jahaj Tehsil And Police Station Weir District Bharatpur. ----Petitioner Versus 1. State Of Rajasthan, Through Secretary, Home Department, Secretariat, Jaipur. 2. Director General Of Police, Rajasthan, Jaipur 3. Superintendent Of Police, Bharatpur. 4. Station House Officer, Police Station Weir District Bharatpur. 5. Jasmant Son Of Chatar, Resident Of Bhopar Tehsil Mahua District Dausa. 6. Chatar Son OfPrahlad, Resident Of Bhopar Tehsil Mahua District Dausa. 7. Additional Director General Of Police, Anti Human Trafficking Unit, Jaipur. ----Respondents For Petitioner(s) : Mr.Chandra Shekhar with Ms. Sonam Jakhar For Respondent(s) : Mr.Gaurav Gupta, Assistant GA for State Smt. Indra Gupta, Superintendent Balika Grah, Bharatpur for identification Vishal Sharma, Sr. System Officer Bharatpur Naveen Kumar Oberoi, VC Coordinator, Bharatpur HON'BLE MR. JUSTICE ARUN MONGA HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order [2026:RJ-JP:21696-DB] (2 of 4) [WMAP-173/2026] 21/05/2026 Father of a minor girl is before this Court by way of instant application seeking passing of appropriate orders for restoration/handing over the custody of minor to her parents, by modifying an earlier order dated 16.09.2025 passed by Jaipur Bench of this Court in D.B. Habeas Corpus Petition No.330/2025. This Court, while deciding the Habeas Corpus Petition vide order dated 16.09.2025, had directed that the minor girl be kept in Rajkiya Balika Grah, Bharatpur till she attains the age of majority. The said order came to be passed after interaction with the detenue, wherein she had stated before the Court that her marriage was being forcibly solemnized by her parents and that she wanted to continue her studies. The Court had also recorded that the minor girl did not feel safe with her parents and refused to accompany them. Accordingly, directions were issued to ensure continuation of her education and necessary facilities at Rajkiya Balika Grah, Bharatpur. The present application has been filed by the petitioner- father stating therein that the circumstances have since now changed as the minor girl wishes to reside with her parents. Reliance has also been placed upon the communication/note dated 07.04.2026 issued by the Superintendent, Government Balika Grah, Bharatpur mentioning therein that the minor girl desires to reside with her parents. Considering the peculiar facts and circumstances of the case and the prayer made in the present application seeking modification of the earlier order, this Court vide order dated [2026:RJ-JP:21696-DB] (3 of 4) [WMAP-173/2026] 05.05.2026 deemed it appropriate to interact with the minor girl, nearing the age of majority, through video conferencing so that her present wishes could be ascertained. Appropriate directions were also issued to the authorities/Nari Niketan and, alternatively, to the learned Chief Judicial Magistrate, Bharatpur for making necessary arrangements for video conferencing. Pursuant to the aforesaid directions, today the minor girl has joined the proceedings through video conferencing. During interaction with the Court, she has categorically stated that she now wishes to go and reside with her parents. The learned Chief Judicial Magistrate, Bharatpur, who is present along with the minor girl during the proceedings through video conferencing, has verified before this Court that the minor girl has expressed her consent voluntarily and that she is not under any pressure, threat perception or coercion from any quarter. Having considered the facts and circumstances of the case, particularly the wish expressed by the minor girl as per the note dated 07.04.2026 issued by the Superintendent, Government Balika Grah, Bharatpur and the verification made by the learned Chief Judicial Magistrate, Bharatpur regarding voluntariness of her consent, this Court deems it proper to allow the present writ misc. application. Consequently, the writ misc. application is allowed. The order dated 16.09.2025 stands modified to the extent that custody of the minor girl shall now be handed over by the officials of the Rajkiya Balika Grahto her parents, as per her wishes. [2026:RJ-JP:21696-DB] (4 of 4) [WMAP-173/2026] The Superintendent/In-charge of Rajkiya Balika Grah, Bharatpur shall ensure immediate compliance of this order and shall hand over custody of the minor girl to her parents in accordance with law. (BALJINDER SINGH SANDHU),J (ARUN MONGA),J ms-rathore