This D.B. Habeas Corpus petition alleged illegal detention of the petitioner's wife. Finding that she voluntarily produced herself as she desires separate living, the court held no illegal detention occurred.
Petition dismissed holding no illegal detention established as the wife voluntarily came forward.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Habeas Corpus No. 244/2018
Shankar Sharma Son Of Shri Hari Prasad Sharma, Aged About 37 Years, By Caste Brahmin Resident Of 3644, Kalyan Ji Ka Rasta 4Th Crossing, Chandpole Bazar, Jaipur (Raj.)
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr.VD Agnihotri for Mr.Vijay Kumar Sharma |
|---|---|
| For Respondent(s) | : Ms.Sonia Shandilya, Additional Government Advocate |
| Mr.Pawan Verma – for respondent No.5 |
|
| Mr.Jagdish Prasad, SI, PS – Kotwali |
HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Judgment
18/12/2018
The writ petition in the nature of habeas corpus has been filed alleging illegal detention of petitioner’s wife Monika Sharma.
(2 of 2)
[HC-244/2018]
In pursuance of the notices issued by this Court with direction to produce the corpus, the respondents have brought the corpus Monika Sharma. She is at the age of 33 years and wants to stay separately from the petitioner-husband. It is stated that a divorce petition has also been filed by her.
In view of the above, we do not find it to be a case of illegal detention. Accordingly, the habeas corpus petition is dismissed.
(ASHOK KUMAR GAUR),J
Preeti/6
1 issue framed by the court
Whether the petitioner's wife's detention constitutes a case of illegal detention.
Shankar Sharma
State Of Rajasthan and others
Munishwar Nath Bhandari
Ashok Kumar Gaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
