Jaipur: The Rajasthan High Court has dismissed a habeas corpus petition filed by the biological parents of a four-year-old boy seeking his custody from senior IPS officer Manish Agrawal and his wife, ruling that the child’s present custody cannot be termed illegal. The Court observed that the dispute over the alleged adoption involves disputed questions of fact that can only be adjudicated by a competent civil court after examining evidence.
The verdict has once again brought IPS officer Manish Agrawal, a 2010-batch Rajasthan cadre officer who was originally allotted the erstwhile Jammu & Kashmir cadre, into the spotlight. While the immediate controversy revolves around a child custody dispute, Agrawal’s career has also witnessed inter-cadre transfer, corruption allegations, suspension, and eventual reinstatement.
What Did the Rajasthan High Court Rule?
The judgment was delivered by a Division Bench comprising Justice Inderjeet Singh and Justice Bhuwan Goyal.
The Court dismissed the habeas corpus petition filed by Sidharth Gupta and Sakshi Gupta, residents of Agra, observing that the child had been voluntarily entrusted to the respondents. Therefore, the custody could not be treated as illegal detention, which is a prerequisite for invoking habeas corpus jurisdiction.
The bench further observed that the child has now settled in Jaipur, is pursuing his education there, and his welfare presently lies in continuing with the respondents.
The Court clarified that the legality of the alleged adoption involves disputed facts requiring both documentary and oral evidence. Consequently, such issues can only be decided through an appropriate civil proceeding and not in a habeas corpus petition.
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How the Dispute Began
According to the petition filed before the High Court, the biological parents alleged that they had handed over their four-year-old son to Sharmistha Gupta, the petitioner’s sister and wife of IPS officer Manish Agrawal, for only 20 days.
They claimed the arrangement was temporary because Sharmistha was undergoing IVF treatment and psychologists had advised that spending time with a child could positively support her treatment.
The petitioners alleged that after the agreed period expired, the couple refused to return the child and later claimed that the child had been legally adopted.
Their counsel argued before the Court that no valid adoption ceremony had taken place and there was no legally valid documentation supporting the adoption.
The petitioners also questioned the chronology of events, claiming that the alleged adoption ceremony was said to have taken place in May 2025, whereas the child reportedly started living with the IPS officer’s family only in December 2025.
Relying on the Hindu Minority and Guardianship Act, 1956, they argued that they remained the lawful guardians of the child.
IPS Officer’s Defence
Representing Manish Agrawal and his wife, senior counsel submitted that the child had been legally adopted on May 8, 2025, under the provisions of the Hindu Adoptions and Maintenance Act, 1956.
According to the respondents, the biological parents had given their consent over telephone and the adoption complied with the applicable legal provisions.
The respondents further informed the Court that the child is now happily settled in Jaipur, studying in a reputed private school, and receiving proper education and care.
The defence also argued that the validity of the adoption could not be examined in habeas corpus proceedings and must instead be decided by a civil court after recording evidence.
Court Prioritises Child’s Welfare
After hearing both sides, the High Court observed that the welfare of the child remains the foremost consideration.
The judges noted that since the child is presently well settled in Jaipur and had not been illegally detained, disturbing his custody at this stage would not serve his best interests.
Accordingly, the Court dismissed the habeas corpus petition while leaving the parties free to approach the competent civil court regarding the validity of the adoption.
Who Is IPS Manish Agrawal?
Manish Agrawal is a 2010-batch Indian Police Service (IPS) officer currently serving in the Rajasthan cadre. He presently holds the post of Superintendent of Police (SP), Rules, at the Police Headquarters (PHQ), Jaipur.
Although he currently serves in Rajasthan, Agrawal was originally allotted the erstwhile Jammu & Kashmir cadre before securing an inter-cadre transfer.
Educational Background
Originally hailing from Uttar Pradesh, Manish Agrawal holds a Bachelor of Arts (BA) degree.
He joined the Indian Police Service as a direct recruit through the UPSC Civil Services Examination and entered service on August 30, 2010.
Transfer from Jammu & Kashmir to Rajasthan
Following his selection, Agrawal was initially allotted the Jammu & Kashmir cadre, where he underwent training and served during the early years of his career.
In March 2014, he was granted an inter-cadre transfer to Rajasthan on matrimonial grounds after marrying a 2012-batch Rajasthan cadre IPS officer.
However, the marriage later ended in divorce.
Career and Earlier Controversies
During his initial tenure in Jammu & Kashmir, Agrawal reportedly came under the scanner of the vigilance authorities in connection with an alleged bribery complaint relating to a suicide investigation. However, no prosecution followed as sanction was reportedly not granted.
Following his transfer to Rajasthan, Agrawal served in several important field assignments, including as Superintendent of Police, Barmer, and later SP, Dausa.
2021 Dausa Bribery Case
His career took a major turn in 2021 when the Rajasthan Anti-Corruption Bureau (ACB) registered a corruption case linked to alleged bribery in the Bharatmala/Delhi-Mumbai Expressway project.
Investigators alleged that middlemen and certain government officials demanded illegal gratification from the construction company.
Agrawal was arrested by the ACB on February 2, 2021, and remained in judicial custody for nearly eight months before securing bail.
Following his arrest under the Prevention of Corruption Act, he was placed under suspension.
Reinstatement
After remaining under suspension for over three years, the Rajasthan Government revoked the suspension in 2024, restoring him to active service.
He is presently serving as SP (Rules), Police Headquarters, Jaipur.
Child Custody Case Brings Officer Back into Spotlight
The Rajasthan High Court’s latest order has once again placed Manish Agrawal in public focus.
While the Court has refused to interfere with the present custody of the child, it has made it clear that the dispute regarding the validity of the alleged adoption remains open and can only be adjudicated before a competent civil court after examining evidence from both sides.
Until then, the child will continue to remain in the custody of the IPS officer and his wife, with the High Court holding that such custody cannot presently be regarded as illegal.
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