Rajasthan High Court - Jodhpur
Saddam Husain vs State Of Rajasthan on 17 December, 2021
Bench: Vijay Bishnoi, Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Habeas Corpus Petition No. 350/2021
Saddam Husain S/o Mohd. Rafik, Aged About 24 Years, B/c
Musalman, Resident Of Kaga Kagdi, Nagori Gate, Jodhpur, (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Home And Affairs, Government Of Rajasthan
Secretariat, Jaipur.
2. The Director General Of Police, Rajasthan State Police
Headquarter, Jaipur.
3. The Station House Officer, Police Station Nagori Gate,
District Jodhpur.
4. Rafiquddin S/o No Knowlge, (Father Of The Petitioner's
Wife) By Caste Musalman, Resident Of Bhistiyon Ki Pol,
Mehta Ji Ka Nohra, Mahavaton Ki Masjid, Nagori Gate
Road, Jodhpur, (Raj.).
----Respondents
For Petitioner(s) : Mr. H.S. Tak
For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG
Mr. Anil Limba for respondent No.4
Ms. Lalita, SI, P.S. Nagori Gate,
Jodhpur, present in person
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Judgment / Order
17/12/2021
This Habeas Corpus Petition is filed by the petitioner
claiming that he and the corpus are known to each other
since long and they are in love with each other. It is
(2 of 3) [HC-350/2021]
mentioned in the petition that both of them have decided
to marry each other and pursuant to that they
solemnized marriage on 20.9.2021. It is alleged that the
respondent No.4 has illegally detained the corpus against
her wishes and, therefore, the police be directed to get
the corpus released from the custody of the respondent
No.4.
Along with the petition, a marriage certificate dated
1.11.2021 is produced and a marriage form issued by the
Rajasthan Quazi Council Society, Bundi, registered
No.11/Jodhpur/9 is also produced certifying that the
petitioner and the corpus got married on 20.9.2021.
Along with the petition, the petitioner has also produced
a photo stat copy of his secondary school examination
mark-sheet as well as of the corpus, as per which, the
date of birth of the petitioner is 26.10.1997 whereas, the
date of birth of the corpus is 8.4.1998.
Pursuant to the directions given by this Court
Mr. Anil Joshi, GA-cum-AAG has produced the corpus
before this Court through police.
Mr. Anil Limba, learned counsel for the respondent
No.4 has also confirmed that the date of birth of the
corpus is 8.4.1998.
(3 of 3) [HC-350/2021]
In such circumstances, it is clear that both the
petitioner as well as the corpus are major.
We have interacted with the corpus in camera twice.
At first attempt, she took some time, however, in the
second attempt, she has specifically stated that she got
married with the petitioner on 20.9.2021 and she is
desirous to go with him only.
Taking into consideration the above facts and
circumstances of the case and keeping in view the desire
of the corpus, who is major, we allow this Habeas Corpus
Petition and direct the police authorities to facilitate the
corpus to go with the petitioner on her own free will.
(RAMESHWAR VYAS),J (VIJAY BISHNOI),J
88 - ms rathore
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