Allowed

Jagdish v. the State of Rajasthan

Rajasthan HC15 Jul 2022HC/178/2022

Case brief

AI extract

What is this about?

This interlocutory order in a habeas corpus petition concerns a minor girl who left her father's house to avoid early marriage. The Court secured her assurance to return if her father guaranteed no marriage until she reached majority and ensured her education continued, granting custody to the petitioner.

What did the court decide?

Custody of the corpus handed over to the petitioner; Rule discharged.

Jagdish Vs the State of Rajasthan — Child Custody and Guardianship | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 178/2022

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Jagdish S/o Shri Chatra Ram, Aged About 42 Years, By Caste Bavari, Resident Of Bavriyo Ki Dhani, Village Haripura, Tehsil Nawa District Nagaur.

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----Petitioner

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Versus

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

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The Superintendent Of Police, Nagaur.

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The Station House Officer, Police Station Maroth District Nagaur.

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Veer S/o Shr Todu Ram, Resident Of Dhanji Ka Bas, Kuchaman City District Nagaur.

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----Respondents

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For Petitioner(s) : Mr. Padam Singh Solanki For Respondent(s) : Mr. M.A. Siddiqui, GA-cum-AAG with Mr. A.R. Malkani Mr. Jagdish Prasad, HC 1219 Ms. Jagvanti MFC No.1459

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

Order

(IN CAMERA)

15/07/2022

The corpus Mst. 'A' has been produced in the Court from the Balika Gruh, Nagaur where she was sent vide order dated 08.07.2022.

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We conferred with her 'in camera'. She is an educated girl. She stated that her father, the present petitioner was trying to marry her off to a disabled person and thus, she left her father's

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(2 of 2)

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[HC-178/2022]

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house and went to live with her friend at Losal, Sikar. Now, she states that if her parents give an assurance that they will not marry her till she attains the age of majority and that her education shall be continued, she is ready to return to her father's house.

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The petitioner has furnished an undertaking that he will make no attempt whatsoever to marry the girl till she attains the age of majority and even thereafter her wishes shall be respected.

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The SHO PS Maroth District Nagaur is directed to ensure fortnightly visit by an experienced female constable to the house of the petitioner so as to ensure the well-being of the corpus. Effort shall also be made to continue the education of the girl.

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In view of the facts noted above, the custody of the corpus shall be handed over into the guardianship of the petitioner. She shall be safely escorted back to her parental home.

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The habeas corpus petition is disposed of. Rule is discharged.

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(KULDEEP MATHUR),J

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(SANDEEP MEHTA),J

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12/ Sudhir Asopa

Jagdish v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jagdish v. the State of Rajasthan

Case brief

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What did the court decide?

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