The High Court ordered the immediate release of a minor girl (Mst. K) from the Balika Gruh to her father's custody, conditional upon his assurance that she would not be married before attaining the age of 18 years.
The corpus Mst K was directed to be released from Balika Gruh, Jodhpur, and escorted to the petitioner's father's house.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 299/2021
Smt. Saraswati W/o Shri Kanwar Lal Ji, Aged About 55 Years, By Caste Meghwal, R/o Daya Kaur, Lohawat, Distt. Jodhpur.
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. PukhrajGehlot(through VC) |
|---|---|
| For Respondent(s) | : Mr. Anil Joshi, G.A-cum-A.A.G Mr. Sumandra Singh, ASI |
| Ms. Baby, No. 1002 PS Lohawat, Jodhpur |
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
10/01/2022 (‘IN CAMERA’)
The corpus Mst. ‘K’ was sent to the Balika Gruh, Jodhpur from where, she has been produced in the Court today.
We conferred with her ‘ in camera’ . She stated that she has contracted a relationship with the suspect Mahendra of her own free will and volition and insisted that no legal action should be taken against him. She, however, admits that as she is less than 18 years of age as on date, she cannot be sent to stay with the
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boy. Thus, she prays that subject to her father Shri Kanwarlal giving an assurance that she shall not be married off till attaining the age of 18 years and even thereafter, her desire shall be respected, she may be sent to her father’s home.
The father of the corpus Shri Kanwarlal, present in the Court, has submitted an affidavit swearing therein that he shall marry his daughter as per her desire only after she completes 18 years of age. In this background, we hereby direct that the corpus Mst K shall forthwith be released from the Balika Gruh, Jodhpur and will be safely escorted to the house of her father.
The habeas corpus petition is disposed of accordingly. Rule is discharged.
(VINOD KUMAR BHARWANI),J
(SANDEEP MEHTA),J
12-/devesh/-
Smt. Saraswati W/o Shri Kanwar Lal Ji
The State Of Rajasthan
Superintendent Of Police, District Jodhpur
Mahendra S/o Shri Mohan Ram
Sandip Mehta
Vinod Kumar Bharwani
As recorded by the court registry
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