Disposed

Suraj Chaudhary S/O Late Shri Ramlal Chaudhary, by Caste Jat v. State of Rajasthan

Rajasthan HC15 Mar 2019HC/62/2019

Case brief

AI extract

What is this about?

The High Court disposed of a habeas corpus petition regarding a detained girl detained by her parents. Due to conflicting age evidence, the court directed the detainee to be kept at Nari Niketan and produced before the Child Welfare Committee to determine her age and pass necessary orders. The petition was disposed of pending the Committee's decision.

What did the court decide?

Order directing detainee to be produced before Child Welfare Committee for age determination and set free if above 18 years.

Suraj Chaudhary S/O Late Shri Ramlal… — Child Custody and Guardianship | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Habeas Corpus No. 62/2019

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Suraj Chaudhary S/o Late Shri Ramlal Chaudhary, By Caste Jat, Aged About 22 Years, R/o Dadhich Coloy, Near Krishnapuri Phatak, Kishangarh, District Ajmer.

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary, Home Department, Secretariat, Jaipur.

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Inspector General Of Police, Rajasthan, Jaipur Range Jaipur.

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Superintendent Of Police, Jaipur Rural.

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Station House Officer, Police Station Dudu, District Jaipur. 5. Satyanarayan S/o Dhanaram, By Caste Jat, Aged About 45 Years, R/o Surajpura, Police Station Dudu, District Jaipur Rural.

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The Additional Director General Of Police, Anti Human Trafficking, Jaipur.

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----Respondents For Petitioner(s) : Mr. Dinesh Pareek For Respondent(s) : Mr. N.S. Gurjar, PP for State

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HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA HON'BLE MR. JUSTICE G R MOOLCHANDANI

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Order

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15/03/2019

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Present habeas corpus petition has been filed under Article 226 of the Constitution of India praying that Mamta Jat wife of the petitioner who has been detained by her parents, be set free.

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This court on 14.03.2019 had passed the following order:-

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“Issue notice to the respondents. On the asking of the court, Mr. Javed

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(2 of 4)

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[HC-62/2019]

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Choudhary, ld. Additional Govt. Counsel accepts notice on behalf of respondent Nos.1 to 4 and 6. Two copies of petition have been served upon him.

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Service is complete.

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We direct respondent No.4 (S.H.O. Police Station Dudu, District Jaipur) to serve a notice upon respondent No.5 regarding pendency of the present petition and the next date fixed before this court.

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We also direct respondent No.4 (S.H.O. Police Station Dudu, District Jaipur) to produce Mamta Jat wife of petitioner alleged detenue in this court tomorrow.

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List the present petition on 15.03.2019.

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Name of Mr. Javed Choudhary, Additional Govt. Counsel, be reflected in the cause list as counsel for the respondent Nos. 1 to 4 and 6.

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Copy of this order be handed over to Mr. Javed Choudhary, Additional Govt. Counsel, under the seal and signature of Court Master for onward transmission and strict compliance.”

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In pursuance of the above said order, Mamta Jat has been produced before this court by S.I. Nemi Chand, Police Station Dudu, District Jaipur. Parents of Mamta Jat are also present in court.

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Father Satya Narayan and Mother Ratani Bai have stated that petitioner is already married.

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Learned counsel for the petitioner has submitted that the petitioner was married when he was a child and has already obtained divorce.

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Detenue Mamta Jat who is present in court, has stated that she is aware that the petitioner is earlier married. The factum that petitioner is earlier married is of no concern to her and she intend

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(3 of 4)

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[HC-62/2019]

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to stay with Suraj Chaudhary, petitioner, with whom she has performed marriage.

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A dispute was raised in this court regarding age of detenue Mamta Jat.

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S.I. Nemi Chand, Police Station Dudu, District Jaipur, relied upon the certificate of Class-I issued by Jakhad Vidya Public School. In the said certificate age of Mamta Jat has been recorded as 15.4.2002.

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Learned counsel for the petitioner has placed on record the certificate of Class-8^th issued by the Board of Secondary Education, Rajasthan, and as per the said certificate, age of Mamta Jat is 10.9.2000.

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After hearing learned counsel for the parties, we order that detenue Mamta Jat who is present in court, shall be kept at Nari Niketan, Jaipur and she shall be produced on 18.03.2019 before the Child Welfare Committee, Jaipur District. The said Child Welfare Committee, after determining age of Mamta Jat, shall pass necessary orders. Needless to say if the Committee come to the conclusion that Mamta Jat, as on today, is of 18 years of age or above, she shall be set free to reside as per her wishes. In case the Child Welfare Committee come to the conclusion that Mamta Jat is less than 18 years of age, the Committee shall pass necessary orders taking into consideration welfare, care and protection of Mamta Jat.

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In view of above, present petition is disposed of.

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(4 of 4) [HC-62/2019]

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A copy of this order under the seal and signature of Court

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Master be handed over to learned Public Prosecutor for onward transmission and necessary compliance.

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(G R MOOLCHANDANI),J (KANWALJIT SINGH AHLUWALIA),J

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Govind/

Suraj Chaudhary S/O Late Shri Ramlal Chaudhary, by Caste Jat v. State of Rajasthan

Case brief

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Suraj Chaudhary S/O Late Shri Ramlal Chaudhary, by Caste Jat v. State of Rajasthan

Case brief

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