DB Habeas Corpus Pet.No.135/2010 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH D.B. Habeas Corpus Petition No.135/2010 Preeti Bharti Versus State & Ors. DATE OF ORDER : 20/10/2010 HON'BLE MR.JUSTICE DALIP SINGH HON'BLE MR.JUSTICE S.S.KOTHARI Mrs. Archana Mantri, for the petitioner Ms. Rekha Madnani, Dy.G.A., for the respondents *** This habeas corpus petition has been preferred by the petitioner with the prayer that the respondents be directed to hand over the minor son of the petitioner by issuing a writ of habeas corpus. Undoubtedly, the minor is said to be in the custody of the respondent No.3, who is the father of the minor and husband of the petitioner. It is also not disputed that in terms of Section 6 of the Hindu Minority and Guardianship Act, 1956 in the case of a minor boy the father is the guardian of the minor boy and the custody of the minor boy cannot be said to be an illegal custody for the purpose of exercising jurisdiction of habeas corpus under Article 226 of the Constitution of India. We would, therefore, refrain from passing any order leaving the option open for the petitioner to seek appropriate remedy in accordance with the general law either for DB Habeas Corpus Pet.No.135/2010 [2] being appointed as guardian or seeking custody of the minor boy namely; Bhavansh, who is said to be the son of the petitioner. This petition is, accordingly, disposed of. [S.S.KOTHARI],J. [DALIP SINGH],J. FRBOHRA135Habeas CorpusPet10 20-10.doc