Disposed

Bhura Ram v. State of Rajasthan

Rajasthan HC5 Dec 2022HC/182/2022

Case brief

AI extract

What is this about?

The High Court (In Chamber) disposed of a Habeas Corpus petition filed by the father of a minor girl allegedly running away. The Court noted the girl's desire not to live with the father until she attains majority, evidence of her voluntary departure, and directed that she continue to be lodged at Balika Gruh, Jodhpur, until she completes 18 years of age.

What did the court decide?

Directed that the corpus girl continue to be lodged at Balika Gruh, Jodhpur, till she attains the age of 18 years, when she shall be released.

Bhura Ram Vs 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. 182/2022

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Bhura Ram S/o Sh. Samaram, Aged About 61 Years, By Caste Dewasi, R/o Guda Kesarsingh, Tehsil Rani, District Pali. (Father Of Corpus Santosh Dewasi).

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----Petitioner

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Versus

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

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The Director General Of Police, Police Head Quarters Jaipur.

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The Inspector General Of Police, Jodhpur Range Jodhpur.

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The S.h.o. Police Station, Rani, District Pali.

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Prakash S/o Kheemaramji, Aged About 25 Years, By Caste Dewasi, R/o Sinala Tehsil Marwar Junction District Pali..

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Tararam S/o Deeparam, By Caste Dewasi, R/o Sinala Tehsil Marwar Junction, District Pali.

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----Respondents

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For Petitioner(s)	: Mr. Mangi Lal
For Respondent(s)	: Mr. M.A. Siddiqui, AAG Mr. Shambhoo Singh Rathore
	Mr. Mahendra Singh, C.I., SHO, P.S. Rani, Pali with
	Ms. Soni,LFC-1392

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

(In Chamber)

Order

05/12/2022

The corpus has been produced in the Court from the Balika Gruh, Jodhpur.

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(2 of 2)

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[HC-182/2022]

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We conferred with her ‘in camera’. She reiterated the earlier stance taken by her in the Court that she would not go with the present petitioner – her father. She emphatically states that she would be completing the age of 18 years on 07.09.2023 and thereafter, she would go with the respondent Babulal.

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We have seen the case diary and perused the statement of the girl recorded under Section 164 Cr.P.C. In the said statement, the girl has categorically stated nobody allured or kidnapped her. She went away from her father’s house of her own free will and volition and started residing with Babulal. The girl has not uttered a single word regarding she having been subjected to carnal relations. She also states that as a matter of fact, the date of birth, as entered in the school records, is incorrect and she is nearly 20 years of age.

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Be that as it may. As the school documents are affirmative on the aspect of date of birth of the corpus, we are not inclined to doubt upon the veracity thereof. However, considering the desire of the corpus, who appears to be a mature girl, we hereby direct that she shall be continue to be lodged at Balika Gruh, Jodhpur till she attains the age of majority. As soon as the girl completes the age of 18 years, she shall be released and would thereafter be free to proceed as per her desire.

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The Habeas Corpus Petition stands disposed of accordingly. Rule is discharged.

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(KULDEEP MATHUR),J

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(SANDEEP MEHTA),J

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6-skm/-

Bhura Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhura Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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