Dismissed

Devi Singh v. State of Rajasthan

Rajasthan HC4 Apr 2022HC/46/2022

Case brief

AI extract

What is this about?

Father filed habeas corpus petition seeking return of minor daughter to parental home. Court directed police to depute female constable for fortnightly visits and handed over custody to petitioner upon assurance against forced marriage.

What did the court decide?

Direction to Superintendent of Police to depute a female constable to visit the home fortnightly; corpus handed over to petitioner.

Devi Singh 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. 46/2022

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Devi Singh S/o Lal Singh, Aged About 51 Years, B/c - Rawat, R/o Lakki Talab, Raipur P/s- Raipur Tehsil- Raipur District- Pali, 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, Government Of Rajasthan, Jaipur.

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The District Collector Pali, Pali Rajasthan.

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The Superintendent Of Police, Pali, Rajasthan.

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The Station House Officer (Sho), Police Station- Raipur District- Pali, Rajasthan.

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----Respondents

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For Petitioner(s) : Ms. Kamini Rathore Ms. Sonu Rathore For Respondent(s) : Mr. Anil Joshi, AAG Mr. Kailash Chand, ASI, Police Station, Raipur, Pali with Ms. Suman, Lady Constable

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HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE FARJAND ALI

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Order

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04/04/2022

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The corpus has been produced in the Court. As per the school record her date of birth is 26.12.2004 and thus she is a minor. As on date she was very hesitant to go back to her parental home apprending that she might be married off against her desire and before completing the age of 18 years. However, the petitioner being the father of the corpus and her mother, both present in the Court assured that they will make no efforts whatsoever to marry the girl till she attains the age of majority

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(2 of 2)

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[HC-46/2022]

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and even thereafter, her desire to marry Mukesh, shall be respected. On this assurance being given, the girl expressed that she may be sent back to her parental home however she requested that a direction be given to the concerned police officials to ensure her security and well being till the date she attains majority.

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In view of the above developments, we hereby direct the Superintendent of Police, Pali to ensure that a female constable is deputed to visit the home of the petitioner at fortnightly basis so as to take stock of the well being of the girl. In case, any apprehension is felt that efforts are being made to marry off the girl against her desire, appropriate legal action shall be taken and any such incident shall be reported to the Secretary, District Legal Services Authority, Pali who shall take remedial measures.

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With the above observations, we hereby direct that the corpus shall be handed over into the guardianship of the petitioner present in the Court.

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The Habeas Corpus is disposed of.

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Rule if disposed of accordingly.

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(FARJAND ALI),J (SANDEEP MEHTA),J

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30-jayesh/-

Devi Singh v. State of Rajasthan

Case brief

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What did the court decide?

Devi Singh v. State of Rajasthan

Case brief

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