Rajveer vs State Of Rajasthan ...
2026 Latest Caselaw 2772 Raj

Citation : 2026 Latest Caselaw 2772 Raj
Judgement Date : 19 February, 2026

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Rajasthan High Court - Jodhpur

Rajveer vs State Of Rajasthan ... on 19 February, 2026

Author: Yogendra Kumar Purohit

Bench: Yogendra Kumar Purohit

[2026:RJ-JD:9200-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
              D.B. Habeas Corpus Petition No. 70/2026

Rajveer S/o Ramkaran, Aged About 43 Years, R/o Chand Kothi,
Tehsil- Rajgarh, P.s. Hamirwas, District Churu (Raj.).
                                                                      ----Petitioner
                                      Versus
1.       State Of Rajasthan, Through The Secretary, Department
         Of Home Affairs, Govt. Of Rajasthan, Jaipur.
2.       The Superintendent Of Police, District Churu (Raj.).
3.       The Station House Officer, Police Station Hamirwas,
         District Churu (Raj.).
4.       Deepak Swami S/o Gopal Swami, R/o Thirpali Chota,
         District- Churu (Raj.).
5.       Madhu W/o Data Ram, R/o Khariyabas, District- Churu
         (Raj.).
6.       Dataram Swami S/o Gopal Swami, R/o Khariyabas,
         District- Churu (Raj.).
7.       Sandeep S/o Surendra Meghwal, R/o Thirpali Chota,
         District- Churu (Raj.).
8.       Ankit S/o Banwari Jat, R/o Deengli, District- Churu (Raj.).
9.       Manjeet S/o Banwari Jat, R/o Deengli, District- Churu
         (Raj.).
                                                                   ----Respondents


For Petitioner(s)           :     Mr. Kanhaiya Lal Chauhan
For Respondent(s)           :     Mr. Deepak Choudhary, GA-cum-AAG
                                  Mr. Mahendra Singh, ASI and
                                  Ms. Anuradha, P.S. Hamirvas, Churu,
                                  present in person
                                  Mr. Raghu Raj Sharma
                                  Mr. Prakash Vishnoi



              HON'BLE MR. JUSTICE ARUN MONGA

HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Order(Oral)

19/02/2026 Per : Arun Monga, J

1. The petitioner is the father of the alleged detenue and has

filed the present writ petition seeking issuance of a writ in the

nature of habeas corpus and/or any other appropriate order or

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direction, commanding the official respondents to produce his

daughter before this Court, on the allegation that she is being

kept in illegal confinement either at the instance of, or in the

custody of, private respondent Nos. 4 to 9.

2. Pursuant to notice issued by this Court the alleged detenue

aged 18 years is present in the Court and upon interaction with

her, it transpires that she is a major and has married respondent

No.4 on her own volition.

3. Both the alleged detenue and respondent No. 4 are adults,

fully competent to take their own decisions and entitled to choose

their life partners in accordance with their free will. It appears that

the matter arises out of a family dispute, as the alleged detenue

seems to have contracted marriage against the wishes of her

family members, including her father, who is the petitioner herein.

In such circumstances, this is not a case of illegal confinement,

and therefore, no proceedings for issuance of a writ of habeas

corpus are warranted before this Court.

4. In course of hearing a report dated 17.02.2026 has also

been tendered in course of hearing which is taken on record.

English translation thereof reads as under:-

"Based on the written and oral evidence received from the witnesses and the documents on record, and upon complete investigation in the MPR, it has been found that according to the police-based MPR inquiry, the facts of the case are as follows:

Kumari Payal, daughter of Rajveer, caste Meghwal, aged 18 years and 12 days (18.01.2008), resident of Chandgothi, Police Station Hamirwas, District Churu, is a resident of the said village. Kumari Payal is a student. She previously studied at Government Senior Secondary School, Chandgothi. In the same school, Deepak Kumar, son of Gopaldas Swami, resident of Thirpali Chhoti, Police Station Hamirwas, also studied. During this time, both became acquainted with each other and started talking to each other over the phone.

On 22.01.2026, Kumari Payal left her house without informing her parents and family members and called Deepak Kumar to the

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bus stand of her village. From there, both went together to Delhi. On 23.01.2026, they got married of their own free will at an Arya Samaj Temple in Delhi and started living together as husband and wife.

Kumari Payal was recovered and counseling was conducted in the presence of her family members. Kumari Payal clearly refused to go with her parents and stated that she wished to go with her husband, Deepak Kumar, son of Gopaldas, caste Swami, aged 24 years, resident of Thirpali Chhoti, Police Station Hamirwas, District Churu.

It has not been found that Kumari Payal was enticed or taken away by anyone. It has been found that Kumari Payal left her home of her own free will.

The missing Kumari Payal has been recovered. As no further investigation remained pending in the MPR and the investigation was complete, orders were obtained from the Circle Officer, Rajgarh, to close the investigation, and the investigation has been closed. In the MPR file, the missing Kumari Payal has been recovered and the investigation has been completed."

5. In totality of the circumstances, the writ petition is dismissed

with liberty to the alleged detenue to live her life in the manner

she so chooses.

(YOGENDRA KUMAR PUROHIT),J (ARUN MONGA),J

62-suraj/-

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