Mahendra vs State Of Rajasthan
2021 Latest Caselaw 18568 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Habeas Corpus Petition No. 322/2021

Mahendra S/o Deva Ram Bhat, Aged About 21 Years, R/o Mandawas, Rohat, District Pali (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through The Home Secretary, Department Of Home, Government Of Rajasthan, Jaipur.

2. The Superintendent Of Police, Pali.

3. The Station House Officer, Police Station Sadar, District Pali.

4. Shri Bhaga Ram S/o Soma Ram Bhat, R/o 628, Bhato Ki Dhani, Village Javdiya, Sadar Pali, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Anirudh Purohit For Respondent(s) : Mr. Anil Joshi, AAG-cum-GA (Incharge) Mr. Shrawandas Sant, RPS, CO, Pali, present in person.

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Judgment / Order

07/12/2021

This Habeas Corpus Petition has been filed by the petitioner

claiming that the daughter of the respondent No.4 is major and

she solemnized marriage with him as per her own free will,

however, after their marriage, the respondent No.4 and other

family members have illegally detained his wife.

In the petition, a prayer is made that the petitioner's wife be

produced before this Court from the illegal detention of the

respondent No.4 and others.

                                                                                  (2 of 2)                  [HC-322/2021]



                                         This     Court   on    24.11.2021          has      issued   notice   to    the

respondent Nos.1 to 3 subject to the condition that the petitioner

deposits a per-emptory cost to the tune of Rs.20,000/- before this

Court. Pursuant to the said direction, a per-emptory cost to the

tune of Rs.20,000/- has been deposited by the petitioner before

the Registrar (Judicial), Rajasthan High Court, Jodhpur on

26.11.2021.

Today, the corpus is produced before this Court by the police

through Mr. Anil Joshi, learned AAG-cum-GA. As per the school

record procured by the police, the date of birth of the corpus is

15.08.2002 and as on date, she is major.

We have interacted with the corpus and she has specifically

stated that at present she is residing with her parents and is not

willing to go with the petitioner. The corpus has also stated that

she is not under illegal detention of anybody.

Keeping in view of the fact that the corpus is not under

illegally detention of anybody and she desires to live with her

parents, We do not find any merit in this Habeas Corpus Petition

and the same is hereby dismissed.

However, we direct the police to facilitate return of the

corpus to the place of her own choice.

The money of Rs.20,000/-, which was deposited by the

petitioner with the Registrar (Judicial), Rajasthan High Court,

Jodhpur shall be transferred to the Legal Service Authority,

Rajasthan High Court, Jodhpur.

(ANOOP KUMAR DHAND),J (VIJAY BISHNOI),J

Surabhii/46-

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