On a habeas corpus petition alleging illegal detention of the petitioner's wife by her father, the court heard the corpus. She stated she lives with parents voluntarily and is sui juris. The petition was allowed and the corpus set at liberty.
Corpus 'R' set at liberty to go wherever she wants to go; petition disposed of.
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HIGH COURT of JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 3/2021
Ishwar Lal Sen S/o Pukhraj Sen, aged about 36 Years, B/c Sen, R/o 24-K-21, Vyas Colony, Chandpole, Jodhpur, Rajasthan.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Praveen Dayal Bohra. Through video conferencing. |
|---|---|
| For Respondent(s) | : Mr. Farzand Ali, AAG with Mr. Abhishek Purohit. Mr. K.R. Bhati,R-5. Through video conferencing. |
| Mr. Goparam, S.I. and Mrs. Shimla, Constable Police Station- C.H.B.,Jodhpur. |
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
08/01/2021
By way of this petition, the petitioner is seeking directions to the respondents to produce the corpus- “R”, alleged to be in illegal detention of the respondent No.5, her father.
(2 of 2)
[HC-3/2021]
It is averred in the petition that the petitioner has entered into marriage with detenue- “R”, who is 21 years of age, however, she has been illegally detained by her father, respondent No.5.
The corpus “R” is produced before us by Mr. Goparam, SI and and Mrs. Shimla, Constable of Police Station- C.H.B., Jodhpur.
We have conferred with the corpus in camera as also in the presence of learned counsel for the parties.
The corpus has stated in unequivocal terms that she is staying with her parents on her own volition and she has not been illegally detained. She has expressed her desire to continue to stay with her parents and, therefore, it cannot be said that she is in illegal detention.
The corpus being sui juris is at liberty to go wherever she wants to go.
Accordingly, the corpus “R” is set at liberty to go wherever she wants to go.
The petition seeking writ of habeas corpus stands disposed of accordingly.
(RAMESHWAR VYAS),J
(SANGEET LODHA),J
58-DJ/-
1 issue framed by the court
Whether a habeas corpus petition can succeed where the person assertedly in illegal detention states they are staying with parents on their own volition.
Ishwar Lal Sen
State of Rajasthan
Superintendent of Police, Jodhpur
Om Prakash
Sangeet Lodha
Rameshwar Vyas
As recorded by the court registry
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