Dismissed

Sonu Malawat Son of Shri Mukhtiyar Singh v. State of Rajasthan

Rajasthan HC8 Jan 2020HC/278/2019

Case brief

AI extract

What is this about?

The High Court disposed of a Habeas Corpus petition filed by a husband seeking release of his wife, whom he alleged was illegally detained by her brother. The Police Officer-in-charge (Corpus S) stated the woman was staying with parents voluntarily and is sui juris, denying detention. The petition was dismissed accordingly.

What did the court decide?

The writ of habeas corpus was dismissed as the impugned detention was not established; the woman was free to reside with her parents.

Sonu Malawat Son of Shri Mukhtiyar Singh Vs State of… — Property and Title | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

D.B. Habeas Corpus Petition No. 278/2019

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Sonu Malawat Son Of Shri Mukhtiyar Singh, Aged About 23 Years, R/o 20-A, Bairwa Colony, Sanganer, Jaipur.

¶4

----Petitioner

¶5

Versus

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

¶7

Superintendent Of Police, Jaipur.

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Station House Officer, P.s. Sanganer District Jaipur.

¶9

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

¶10

Non-Petitioners

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Mukesh Kumar Son Of Shri Sumer Singh, B/c Sansi, R/o D-37, Mal Ki Dhani, Sunita Colony, Sanganer, Jaipur.

¶12

----Accused/respondent

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For Petitioner(s) : Mr. Rahul Sinsinwar on behalf of Mr. Dinesh Choudhary For Respondent(s) : Mr. N.S. Gurjar, Asst. Govt. Adv. for Mr. Rajendra Yadav, G.A. cum AAG Mr. Satish Chand, S.I., P.S. Sanganer, Jaipur.

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HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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08/01/2020

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This petition seeking writ of habeas corpus is filed by the petitioner for release of his wife, alleged to be in illegal detention of her brother, respondent No.5-Mukesh Kumar.

¶18

It is averred in the petition that the petitioner has entered into marriage with the girl on 25.09.2019 at Arya Samaj Mandir, Tis Hazari, Delhi. In this regard, a photostat copy of the certificate

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(2 of 2)

¶20

[HC-278/2019]

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dated 25.09.2019 issued by the Arya Samaj Mandir Trust, Tis Hazari, Delhi, is also placed on record.

¶22

The corpus “S” is produced before us by Mr. Satish Chand, Sub-Inspector, Police Station Sanganer, Jaipur.

¶23

We have conferred with the corpus in camera in presence of the counsel appearing for the petitioner as also learned Assistant Government Advocate.

¶24

The corpus “S” while denying the factum of marriage as alleged in the petition, has stated in unequivocal terms that she is staying with her parents on her own volition and she is not in illegal detention as alleged in the petition.

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The corpus is 23 years of age and thus, being sui juris, she is at liberty to go wherever she wants to go.

¶26

Accordingly, the corpus “S” is set at liberty to go wherever she wants to go.

¶27

The petition seeking writ of habeas corpus is disposed of accordingly.

¶28

(MAHENDAR KUMAR GOYAL),J

¶29

(SANGEET LODHA),J

¶30

Manish/s-1

Sonu Malawat Son of Shri Mukhtiyar Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sonu Malawat Son of Shri Mukhtiyar Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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