The High Court in Jodhpur rejected a D.B. Habeas Corpus petition filed by a live-in partner seeking production of an 18-year-old woman. The court held the prayer misconceived, noting no legal relationship existed and elders of age difference justified the petition was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 56/2022
Masra Ram S/o Saluram, Aged About 38 Years, Resident Of Maruwada Tehsil Raniwara District Jalore.
----Petitioner
Versus
| ----Respondents | ||
|---|---|---|
| For Petitioner(s) | : | Mr. Sravan Sainee |
| For Respondent(s) | : | Mr. Anil Joshi, GA-cum-AAG (In Charge) |
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
03/03/2022
The instant habeas corpus petition has been filed by the petitioner with a prayer to direct production of one Mst. ‘D’ in the Court. The petitioner claims that he and Mst. ‘D’, who admittedly is a married lady, stayed together in a live-in relationship for almost seven months and thereafter the lady has been illegally
(2 of 2)
[HC-56/2022]
confined. A perusal of the record reveals that the petitioner is aged 38 years whereas the alleged corpus is just 18 years old. There is no legal relationship whatsoever between the petitioner and the alleged corpus. Thus, the prayer of the petitioner to seek production of the corpus in the court and to claim her companionship in this habeas corpus petition is misconceived. If at all, the petitioner feels that the lady is illegally confined against her desire and an offence is being committed with her, he is always at liberty to approach the police authorities concerned for raising this issue.
With the above observations, the habeas corpus petition is rejected as being devoid of merit.
(VINOD KUMAR BHARWANI),J
(SANDEEP MEHTA),J
59-Sudhir Asopa/-
1 issue framed by the court
Whether a habeas corpus petition can be filed to declare a lady illegally confined to her live-in partner without a legal relationship?
Masra Ram S/o Saluram
State Of Rajasthan
Director General Of Police, Rajasthan
Sandeep Mehta
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
