Petitioner filed habeas corpus alleging illegal detention by a minor respondent with whom she married. Court held it was not a case of illegal detention as marriage was valid.
Petitioner granted liberty to take legal recourse in regard to matrimonial dispute.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Habeas Corpus No. 241/2018
Anita Kanwar W/o Bhagirath Singh, Aged About 46 Years, Resident Of Village - Chui, District - Nagaur (Rajasthan).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Manoj Ola For Respondent(s) : Mr. Pankaj Sisodia, Assistant Government Advocate for Mr. B.N. Sandhu, AAG Mr. Jagdish Singh, ASI, P.S. Udhyog Nagar, Sikar
HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE BANWARI LAL SHARMA
Order
19/11/2018
This habeas corpus petition has been filed after a missing report to Police Station-Udhyog Nagar, Sikar, Rajasthan. It is alleged that a girl, at the age of 20 years, has been taken away by Rajpal, a minor, who got married with her. The corpus has been shown to be of unsound mind but no document produced to prove it. The agreement of marriage however shows that Jyotsana has entered into marriage with Rajpal.
(2 of 2)
[HC-241/2018]
In view of above, we do not find it to be a case of illegal detention.
However, while disposing of this petition, petitioner is given liberty to take legal recourse as available to her, which may be in regard to matrimonial dispute or for other remedy.
(BANWARI LAL SHARMA),J (M.N. BHANDARI),J
S. Kumawat/14
1 issue framed by the court
Whether the taking away of the petitioner by the respondent constitutes a case of illegal detention warranting habeas corpus.
Anita Kanwar
State Of Rajasthan
Rajpal Kaswa
Munishwar Nath Bhandari
Banwari Lal Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
