Rajasthan HC Asks Grandparents Seeking Minor’s Custody To Deposit ₹50K Advance Litigation Cost In Mother’s Favour: Rajasthan High Court
A quinquagenarian couple filed a habeas corpus petition with the Rajasthan High Court to have their 5-year-old grandson, who has a rare disease, released from the mother’s alleged wrongful detention.
The petitioners must first deposit an amount of Rs. 50,000 to cover any potential mother-related litigation costs, according to the Jaipur Bench’s notice.
Case- Premvati Meena w/o Jagdish Prasad Meena and Another v. State of Rajasthan and Others D.B. Habeas Corpus Petition No. 333 of 2022
Coram- Justice Pankaj Bhandari and Justice Sameer Jain
FACTS OF THE CASE
The grandparents of a severely ill 5-plus-year-old boy with a rare condition have filed a habeas corpus plea with the Rajasthan High Court, alleging the wrongful incarceration of the boy’s mother.
At the time of service of process, the Jaipur Bench demanded that the petitioners put up Rs. 50,000 to cover any legal fees that might be incurred by the mother.
The petitioners argue that the kid’s mother and her parents, with whom the child was living, ignored the child’s mental and physical health while the child was in their care. According to the petition, the youngster is “being pushed towards starvation” and is not receiving treatment for a number of medical issues, including an abnormal liver SGPT range. Deficiencies in vitamin D have been linked to deteriorating muscular tissue.
JUDGEMENT AND ORDER
The State of Rajasthan, the Police Department, and the mother are the first four respondents in the case, and Assistant Government Advocate accepted notice on their behalf.
However, the High Court instructed notifications to be issued to the respondent-mother after a division bench of Justice Pankaj Bhandari and Justice Sameer Jain ordered the petitioners to deposit Rs. 50,000 with the Registry.
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Judgement reviewed by Deepa Bajaj.