Dismissed

Pukharam v. State of Rajasthan

Rajasthan HC11 Jan 2022HC/348/2021

Case brief

AI extract

What is this about?

In a D.B. Habeas Corpus petition, the High Court of Rajasthan examined allegations that the corpus was a minor and illegally confined. After verifying her age and noting her statement of free will, the Court found no illegal confinement and set the corpus at liberty.

What did the court decide?

The corpus is set at liberty and safely escorted to her desired place. Habeas Corpus petition dismissed; rule discharged.

Pukharam Vs State of Rajasthan — Matrimonial and Divorce | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

¶2

D.B. Habeas Corpus Petition No. 348/2021

¶3

Pukharam S/o Shri Mangi Lal, Aged About 50 Years, By Caste Meghwal, Resident Of Thabukada, Banar Police Station, Jodhpur, District Jodhpur Metro.

¶4

----Petitioner

¶5

Versus

¶6

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

¶7

Inspector General Of Police, Jodhpur Range, Jodhpur.

¶8

Commissioner Of Police, Jodhpur Range, Jodhpur Metro.

¶9

SHO of Banar Police Station, District Jodhpur.

¶10

Bhagwana Ram S/o Hadman Ram, By Caste Meghwal, Resident Of Village Hardhani, Panchayat Samiti Baori, District Jodhpur.

¶11

----Respondents

¶12

For Petitioner(s)	: Mr. Lalit Solanki through VC
For Respondent(s)	: Mr. Anil Joshi, GA-cum-AAG (Incharge) Mr. Sahdev, SI. P.S. Banar
	Ms. Meena Choudhary, MFC 2894 P.S. Banar,Johdpur

¶13

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

(In Camera)

Order

11/01/2022

The corpus Mst. ‘S’ has been produced in this Court by Shri Sahdev, S.I. and Ms. Meena Choudhary, MFC 2894, Police Station Banar, Johdpur. We conferred with her ‘in Camera’. The petitioner being her father has alleged that the corpus is less than 18 years of age and as per the school record, her date of birth is 10.08.2004. However, the Investigating Officer has collected the

¶18

(2 of 2)

¶19

original documents from the Govt. Upper Primary School, Thabukada, Panchayat Samiti Mandore, District Jodhpur as per which, the date of birth of the corpus is 10.08.2003. Thus, the corpus is above 18 years of age and is competent to take decision of her future course of action. She and Bhagwana Ram have filed a Misc. Petition No. 6171/2021, wherein, this Court has granted a direction of protection on 15.11.2021. The corpus states that she has married Shri Bhagwana Ram of her free will and volition and is living happily at the matrimonial home.

¶20

In this background, apparently, the corpus is not under any kind of illegal confinement. On the insistence of petitioner’s counsel and as the case has got listed by preponing the date fixed in the matter, the Officer-in-charge of the Police Station Banar, Jodhpur is directed to ensure a meeting of the petitioner with the corpus within next three days. The corpus is set at liberty. She shall be safely escorted to the place desired by her.

¶21

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

¶22

(VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J

¶23

C-1/amit/-

Pukharam v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pukharam v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Aslam Shah Vs State

Rajesh Kumar Vs Shri Sanwar Mal Verma

Smt. Saraswati Vs the State of Rajasthan

Tirshla Kunwar Vs State of Rajasthan

Madhuram Vs State of Rajasthan

Bal Chand Vs State of Rajasthan