This D.B. Habeas Corpus petition was dismissed. The Court held that since the corpus had attained majority and stated she was residing with the husband on her own free will without illegal detention, no case for issuing a writ existed.
Corpus is at liberty to go to the place of her own choice.
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. 227/2022
Baljindra Kaur W/o Mandeep Singh, Aged about 37 years, R/o Ward No.7, 46 GB-B, Tehsil Sri Vijaynagar, District Sri Ganganagar, Raj.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Aman Bishnoi |
|---|---|
| For Respondent(s) | : Mr. M.A. Siddiqui, GA-cum-AAG, |
| assisted by Mr. Rajat Chhaparwal Mr. Sajjan Kumar, ASI and Mr. Sheela |
|
| Devi, P.S. Vijay Nagar, District Anoopgarh. |
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
01/11/2023
At the request of learned AAG, the matter is taken up today.
Learned AAG has informed this Court that the corpus has been traced out by the Police and she is required to produce before this Court. It is stated by learned AAG that the Police have recorded statement of the corpus, wherein she has stated that she is residing with the respondent No.4 as per her own free will after solemnizing marriage with him. The corpus has also verified the
[HC-227/2022]
(2 of 2)
fact that she is residing with the respondent No.4 on her own free will. She has also specifically stated that she is not in illegal detention of anybody. As per the documents collected by the Police during the course of the investigation, the date of birth of the corpus is 20.10.2005, as such, she attained majority on 19.10.2023.
Since the corpus is major and she is not in illegal detention of anybody and is residing with the respondent No.4 on her own free will, we do not find any case for issuance of writ of habeas corpus.
Hence, this habeas corpus petition is dismissed.
However, the corpus is at liberty to go to the place of her own choice.
(MUNNURI LAXMAN),J
(VIJAY BISHNOI),J
1-Hanuman/-
2 issues framed by the court
Whether a writ of habeas corpus should be issued against the State and police when the corpus is a major and resides with the husband on her own free will.
Whether the corpus is under illegal detention.
Baljindra Kaur W/o Mandeep Singh
State Of Rajasthan
Supdt. of Police, District Sri Ganganagar
Station House Officer, Police Station Sri Vijaynagar
Ranjeet Singh @ Appu S/o Surjeet Singh
Munnuri Laxman
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
