Disposed

Gajendra Singh v. State of Rajasthan

Rajasthan HC11 Jul 2022HC/142/2022

Case brief

AI extract

What is this about?

In a Habeas Corpus petition regarding a wife allegedly confined by her husband, the court verified with the woman. Finding she was major and voluntarily residing elsewhere due to harassment, the court held she was not illegally confined and was set free to proceed freely.

What did the court decide?

Set the major woman free to proceed as per her desire and discharge the rule under Habeas Corpus.

Gajendra Singh Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2022)

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(1 of 2)

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[HC-142/2022]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 142/2022

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Gajendra Singh S/o Chaina Singh, Aged About 42 Years, Rajputo Ka Bas, Joiyali, Tehsil And District Jodhpur, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary Department Of Home Affairs, Secretariat, Jaipur.

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The Commissioner, Department Of Police, Commissionerate, Jodhpur.

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The Superintendent Of Police (Rural), Jodhpur.

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The Station Police House Ps Janwar, District Jodhpur.

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The Station Police House Ps Khedapa, District Jodhpur.

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Anu Kanwar W/o Gajendra Singh, Rajputo Ka Bas, Joiyali, Tehsil And District Jodhpur, Rajasthan.

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Shravan Singh S/o Badan Singh, Sawantkua, Tehsil Bawari, District Jodhpur.

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Kailash Kanwar W/o Badan Singh, Sawantkua, Tehsil Bawari, District Jodhpur.

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Mumal Kanwar D/o Badan Singh, Sawantkua, Tehsil Bawari, District Jodhpur.

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Bane Singh, Sawantkua, Tehsil Bawari, District Jodhpur.

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----Respondents

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For Petitioner(s)	: Mr. Madan Singh Rathore.
For Respondent(s)	: Mr. M.A. Siddiqui, G.A.-cum-AAG, assisted by Mr. A.R. Malkani, Mr. Gajender Singh Rathore. Mr. Manoj Kumar, SHO PS Janwar Ms. Shyama,No.2905

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HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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11/07/2022

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The corpus ‘Mst. A’ has been produced in the Court by Mr.Manoj Kumar, SHO and Ms. Shyama, PS Janwar.

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We conferred with her. She is a major woman aged 33 years. With full confidence at her command, she states that though she

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(2 of 2)

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[HC-142/2022]

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is married to the petitioner but since she was being harassed and maltreated in the matrimonial home, she left the petitioner's company and is now voluntarily residing with one Vijendra at Sikar and is not illegally confined in any manner.

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In view of the categoric statement of the alleged corpus that she is not illegally confined and as she being major, is entitled to take a decision regarding her own future course of action, we hereby set her free to proceed as per her desire. She shall be safely escorted to the place where she wants to go. The petitioner, if so advised, is at liberty to take recourse of suitable civil remedy (restitution of conjugal rights etc.) for ventilating his grievances.

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Accordingly, the Habeas Corpus petition is disposed of. Rule is discharged.

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(KULDEEP MATHUR),J (SANDEEP MEHTA),J

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23-Prashant/-

Gajendra Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gajendra Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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