In this Habeas Corpus petition regarding alleged illegal abduction of a major daughter from Barmer, the Court ascertained the woman's wish stating she is residing with the respondent on free will.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 291/2021
Suja Ram S/o Jopa Ram, Aged About 51 Years, Baori, Jalore.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. R.S. Mankad |
|---|---|
| For Respondent(s) | : Mr. Anil Joshi, AAG Mr. Manish Patel |
| Mr. Babulal, SHO | |
| P.S. Balotra, District Barmer |
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE SUDESH BANSAL
Order
28/10/2021
This Habeas Corpus Petition is filed by the petitioner alleging that his daughter has illegally been abducted by the respondent No.6 and his family members.
Pursuant to the notice of this Court dated 29.9.2021, the corpus is produced before this Court today. We have ascertained wish of the corpus and she has specifically stated that she had solemnized marriage with the respondent No.6 and at present is living with him at Balotra. The corpus has also stated that she is
(2 of 2)
[HC-291/2021]
not under illegal detention of the respondent No.6 and his family members and is residing with them as per her own free will.
As per the petitioner himself, the corpus is major. The police has also collected documentary evidence from the government school verifying the fact that the date of birth of the corpus is 14.04.2000, as such, she is major.
Having heard learned counsel for the parties and keeping in view the fact that when the corpus is major and she is not under illegal detention of anybody and is residing with the respondent No.6 on her own free will, we do not find any case for interference in this habeas corpus petition and the same is hereby dismissed.
(SUDESH BANSAL),J
(VIJAY BISHNOI),J
29-Ravi Kh/-
1 issue framed by the court
Whether the Habeas Corpus petition can be entertained considering the daughter is a major resident living with the respondent freely.
Suja Ram S/o Jopa Ram
State of Rajasthan
Inspector General Of Police
Superintendent of Police, Barmer
Dy. Superintendent of Police, Balotra
Suraj S/o Durga Ram
Vijay Bishnoi
Sudes Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
