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