Dismissed
Sunil v. State Home Departmentors
Rajasthan HCHC/13/2015
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Petition No.13/2015. Sunil. VERSUS State of…
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Petition No.13/2015. Sunil. VERSUS State of…
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22.01.2015.
D.B.Habeas Corpus Petition No.13/2015. Sunil. VERSUS State of Rajasthan & Others.
HON'BLE MR.JUSTICE AJAY RASTOGI HON'BLE MR.JUSTICE J.K.RANKA
Mr.S.S.Mahla, Counsel for petitioner.
Instant petition has been filed by the petitioner claiming himself to be the alleged husband of detenue Manubala, with whom he solemnized marriage and marriage registration certificate is also on record. His complaint is that his legally wedded wife is under illegal custody of the respondents, who happens to be her parents.
At present the detenue, as alleged, is residing with her parents and there is no complaint ever made by the petitioner before the competent authority, if at all she has been illegally abducted or taken into custody by her parents.
In the present facts & circumstances, the detenue is residing with her parents and her custody with them cannot be said to be illegal and if at all the petitioner has any grievance that can be ventilated by due process of law but prima facie at this stage, no cognizance can be taken by this court in the instant Habeas Corpus Petition and the petitioner is at liberty to avail remedy which the law permits to him, even of filing application u/S.97-98 of the Code before the ld.Magistrate, if so advised.
Consequently, the instant Habeas Corpus Petition is devoid of merit, accordingly stands dismissed.
(J.K.RANKA),J.
(AJAY RASTOGI),J.
All corrections made in judgment/order have been incorporated in the judgment/order being emailed. Solanki DS, Sr.P.A.
Sunil
State of Rajasthan
Ajay Rastogi
J.K. Ranka
As recorded by the court registry
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