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Lali Devi W/O Rajuram vs State Of Rajasthan
2022 Latest Caselaw 7937 Raj/2

Citation : 2022 Latest Caselaw 7937 Raj/2
Judgement Date : 21 December, 2022

Rajasthan High Court
Lali Devi W/O Rajuram vs State Of Rajasthan on 21 December, 2022
Bench: Pankaj Bhandari, Birendra Kumar
      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

            D.B. Habeas Corpus Petition No. 320/2022

Lali Devi W/o Rajuram, R/o Relya Ki Dhani, Gudhagaurji, P.s.

Gudha District Jhunjhunu
                                                                          ----Petitioner
                                     Versus
1.     State     Of      Rajasthan,           Through             Secretary,     Home

       Department, Govt. Of Rajasthan, Secretariat, Jaipur
2.     Additional     Director       General        Of     Police,     Anti      Human

       Trafficking Unit, Rajasthan, Jaipur
3.     Superintendent Of Police, Jhunjhunu

4.     S.h.o., Police Station - Gudha, District Jhunjhunu

5.     Satveer Singh S/o Radhari, R/o Bila Ki Dhani, Ponkh,

       Gudha, District Jhunjhunu
6.     Tara    Chand       S/o      Shreeram,          R/o        Relya     Ki   Dhani,

       Gudhagaurji, P.s. Gudha District Jhunjhunu
7.     Sandeep S/o Bansidhar, R/o Bila Ki Dhani, Ponkh, Gudha,

       District Jhunjhunu
8.     Naveen S/o Ramkuwar, R/o Tatija, Khetri Nagar, District

       Jhunjhunu
                                                                    ----Respondents

For Petitioner(s) : Mr. Ravinder Kumar For Respondent(s) : Mr. Arun Singh Shekhawat for Mr. Dushyant Singh Naruka For State : Mr. N.S. Gurjar, Asst.G.A. with Mr. Banshidhar, SI & Ms. Priyanka Female Constable 1138, P.S. Gudhagaurju, Distt. Jhunjhunu

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BIRENDRA KUMAR

Judgment / Order

21/12/2022

(2 of 3) [HC-320/2022]

1. An application has been filed by the petitioner seeking

permission for abortion of her minor daughter i.e. corpus.

2. Corpus has been produced before the Court.

3. We have interacted with the corpus. Corpus has stated that

her date of birth actually is 01.01.2005 but in the school record, it

is wrongly mentioned as 07.08.2007. She has clearly stated that

she does not want her pregnancy to be terminated.

4. Since the corpus does not wish to terminate her pregnancy,

the application filed by the petitioner in this regard is dismissed.

5. As far as the habeas corpus petition is concerned, on

interaction with the corpus, she has stated that she wishes to stay

in Balika Grah, Gandhi Nagar, Jaipur till she attains majority, as

per school record, we therefore, deem it proper to dispose of the

present habeas corpus petition with the direction to the

Superintendent of Balika Grah, Gandhi Nagar, Jaipur to retain the

corpus till she attains majority.

6. We further direct to the Superintendent of Balika Grah,

Gandhi Nagar, Jaipur to ensure that the corpus is properly taken

care of as she is pregnant and she is given proper medical

treatment and proper diet for the safety of the child in her womb.

Further, proper medical assistance at the time of delievery be also

given. All the expenses of her diet and delievery would be borne

by the State.

7. We direct the Member Secretary, Rajasthan State Legal

Service Authority, Jaipur to depute a female officer who would visit

the corpus in Balika Grah, Gandhi Nagar, Jaipur to ascertain that

she is properly taken care of.

(3 of 3) [HC-320/2022]

8. Accordingly, Habeas Corpus Petition is disposed off.

9. Copy of this order be provided to learned Assistant

Government Advocate and the Member Secretary of Rajasthan

State Legal Service Authority, Jaipur for necessary compliance.

10. A copy of this order be also sent to the Superintendent of

Balika Grah, Gandhi Nagar, Jaipur for necessary compliance.

(BIRENDRA KUMAR),J (PANKAJ BHANDARI),J

ARTI SHARMA /55

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