Rajasthan HC Asks Grandparents Seeking Minor's Custody To Deposit ₹50K Advance Litigation Cost In Mother's Favour
A quinquagenarian couple has moved a habeas corpus petition before the Rajasthan High Court seeking release of their 5+ years old grandson, who is suffering from a rare disease, from the alleged illegal detention of his mother.While issuing notice, the Jaipur Bench has ordered the petitioners to first deposit a sum of Rs. 50,000 towards litigation costs which may arise for...
A quinquagenarian couple has moved a habeas corpus petition before the Rajasthan High Court seeking release of their 5+ years old grandson, who is suffering from a rare disease, from the alleged illegal detention of his mother.
While issuing notice, the Jaipur Bench has ordered the petitioners to first deposit a sum of Rs. 50,000 towards litigation costs which may arise for the mother.
The case of the petitioners is that the child is suffering from DMD and the mother of the child and her parents – who the child was staying with – were not paying attention to the mental and physical well-being of the child. The petition states that the child is being "pushed towards malnutrition" and that no treatment is being given to the child for various conditions, such as an abnormal liver SGPT range, muscle degeneration and vitamin D deficiency.
The petitioners, represented by their counsels Ms. Bhavana Choudhary and Mr. Mohit Balwada, further in their petition, stated:
"The child will be six years in few weeks but still is not sent to school. This is clear violation of the fundamental rights and needs of the child. There is overall very little to no development of social, emotional, and mental development of the child during the past three years while the child was staying with his mother and her family. The child is not allowed to play with other kids, is not even sent to school, and is being pushed towards being an undernourished child."
Assistant Government Advocate accepted notice on behalf of respondent nos. 1 to 4 in the matter, being the State of Rajasthan, the Police authorities and the mother.
The division bench of Justice Pankaj Bhandari and Justice Sameer Jain, however, ordered the petitioners to deposit a sum of Rs. 50,000 with the Registry, upon which the High Court directed notices to be issued to the respondent-mother.
The High Court said:
"Considering the facts of the case, we deem it proper to direct the petitioner to deposit a demand draft/cheque of Rs.50,000 drawn in favour of Registrar (General) Rajasthan High Court, Jaipur Bench, Jaipur with the Registrar (Judicial) as cost towards litigation in the name of respondent No. 5 – Mother."
The matter has been listed for November 21.
Case Title: Premvati Meena w/o Jagdish Prasad Meena and Another v. State of Rajasthan and Others
Citation: D.B. Habeas Corpus Petition No. 333 of 2022
Coram: Justice Pankaj Bhandari and Justice Sameer Jain