Giga Ram vs State Of Rajasthan ...
2023 Latest Caselaw 2362 Raj

[2023/RJJD/007076]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Habeas Corpus Petition No. 32/2023

Giga Ram S/o Sakaram Meghwal, Aged About 40 Years, Meghwalo Ka Bas, Village Majal, Police Station Samdari, District Barmer.

----Petitioner Versus

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

2. The Superintendent Of Police, Barmer.

3. The S.h.o., Police Station Samdari, District Barmer.

4. Harish S/o Dhala Ram Meghwal, Kammo Ka Bada, Police Station Samdari, District Barmer.

----Respondents

For Petitioner(s) : Smt. Dholi Devi, mother of corpus, present in person

For Respondent(s) : Mr. M. A. Siddiqui, GA-cum-AAG with Mr. A.R. Malkani

Mr. Narpat Singh, Head Constable No.828, PS Samdari, Distt. Barmer, present in person

Ms. Madhu, MFC No.1105, PS Samdari, Distt. Barmer, present in person

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Judgment / Order

21/03/2023

Pursuant to the directions given by this Court on

8.3.2023, the corpus is produced before us today. On earlier

occasion, this Court had noticed that the corpus is minor,

[2023/RJJD/007076] (2 of 3) [HC-32/2023]

however, as she refused to go with her parents, therefore,

the Court has ordered for lodging her at Balika Grah, Jodhpur.

We have interacted with the corpus and she has stated

that her mother Smt. Dholi Devi is present before this Court

today and she is ready to go with her, subject to the condition

that she may assure that her parents or other family

members will not harass her and also not force her to marry

any person till the age of 18 years and after attaining

majority, they will allow her to go with the person of her

choice.

Smt. Dholi Devi wife of Giga Ram, present in self, has

assured this Court that she, her husband and other family

members will not harass the corpus and shall not marry her

till she attains majority and that the corpus will be set free to

go with any person of her choice after attaining majority.

Taking into consideration the above facts and

circumstances of the case, we direct Smt. Dholi Devi wife of

Giga Ram to furnish an undertaking before this Court that

she, her husband and other family members will not harass

the corpus and will not force her to marry any person till she

attains majority with a further undertaking that the corpus

will be set free to go with any person of her choice after

attaining the age of majority.

Keeping in view the overall facts and circumstance of the

case, this Habeas Corpus Petition is disposed of with a

[2023/RJJD/007076] (3 of 3) [HC-32/2023]

direction to the police to handover the custody of the corpus

to her mother Smt. Dholi Devi, after getting her released

from the Balika Grah, Jodhpur.

The SHO, PS Samdari, Distt. Barmer is directed to visit

house of the corpus in the first week of every month along

with a female constable to ensure that mother, father and

other family members of the corpus are abiding by the

undertaking given by Smt. Dholi Devi wife of Giga Ram

before this Court.

In case, the SHO finds that the family members of the

corpus are not adhering to the undertaking given by

Smt. Dholi Devi wife of Giga Ram before this Court, he can

take action in accordance with law.

Copy of the undertaking given by Smt. Dholi Devi wife of

Giga Ram be also supplied to the learned AAG.

(YOGENDRA KUMAR PUROHIT),J (VIJAY BISHNOI),J

13-msrathore/-

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