Disposed

Ishwar Singh Solanki v. State of Rajasthan

Rajasthan HC3 Aug 2023HC/245/2023

Case brief

AI extract

What is this about?

Habeas corpus petition filed alleging illegal detention of the groom's minor wife; Court found wife major and not confined; petitioner directed to deposit wife's documents with police; police directed to return wife to her mother.

What did the court decide?

Petitioner directed to deposit wife's documents with SHO Sanderao by 04.08.2023; Police directed to return wife to her mother.

Ishwar Singh Solanki Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2023)

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[2023:RJ-JD:24633-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 245/2023

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Ishwar Singh Solanki S/o Jog Singh Solanki, Aged About 25 Years, Resident of Shivgard Peshua, Tehsil Swaroopganj, District Sirohi (Rajasthan).

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----Petitioner

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Versus

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The State of Rajasthan, through Home Secretary Secretariat. Jaipur.

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The Superintendent of Police, Pali (Rajasthan).

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Station House Officer, Sanderao, District Pali (Rajasthan). 4. Nathu Singh S/o Unknown, R/o Village and Post Koselao, Tehsil Takhatgarh, District Pali (Rajasthan).

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Ramesh Singh S/o Unknown,

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Bhanwani Kanwar S/o Late Bhanwar Singh, Respondent No.5 to 6 R/o Birami, Tehsil Sumerpur, District Pali (Rajasthan).

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----Respondents

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For Petitioner : Mr. Hitendra Singh For Respondent : Mr. M.A. Siddiqui, AAG-cum-GA Nos.1 to 3 Present in person : Mr. Ramesh Kumar, A.S.I., along with Ms. Seema Kumari, M.F.C., Police Station Sanderao, District Pali

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Mr. Ishwar Singh Solanki – petitioner

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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03/08/2023

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This habeas corpus petition has been filed by the petitioner stating that he solemnized marriage with the corpus on

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[2023:RJ-JD:24633-DB]

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[HC-245/2023]

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(2 of 3)

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20.06.2023. It is stated that on 20.06.2023, the corpus was major and voluntarily solemnized marriage with him. It is further alleged that the private respondent Nos.4 to 6, in connivance with the police, have forcibly took the custody of corpus and despite making complaint to the police authorities, no action has been taken against them. It is also alleged that the corpus is in illegal detention of the private respondent Nos.4 to 6 and, therefore, the writ of habeas corpus be issued directing the respondent Nos.1 to 3 to produce the corpus before this Court.

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Pursuant to the direction given by this Court, the corpus has been produced before this Court today by learned AAG-cum-GA through police.

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We have interacted with the corpus and she has specifically stated that she is not in illegal confinement of private respondent Nos.4 to 6. It is also stated by her that she is major and residing with her mother voluntarily.

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Taking into consideration the above fact that the corpus is major and is not in illegal confinement of the private respondent Nos.4 to 6, we don’t find any case for issuing a writ of habeas corpus.

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The corpus has stated that some of her documents such as Adhar Card, PAN Card, Mark-sheets, Admission Card, School Documents etc. along with her belongings such as Mobile Phone etc. are laying with the petitioner.

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The petitioner, present in person, is directed to deposit all the documents and belongings of the corpus to the SHO, Police Station Sanderao, District Pali by tomorrow i.e. 04.08.2023. The

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(3 of 3)

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[2023:RJ-JD:24633-DB]

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[HC-245/2023]

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SHO, Police Station Sanderao, District Plai is directed to handover all those documents and belongings to the corpus.

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The police are directed to facilitate the return of the corpus to the place of her choice along with her mother.

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With these observations, this habeas corpus petition is disposed of.

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(RAJENDRA PRAKASH SONI),J

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(VIJAY BISHNOI),J

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Abhishek Kumar S.No.21

Ishwar Singh Solanki v. State of Rajasthan

Case brief

What is this about?

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Ishwar Singh Solanki v. State of Rajasthan

Case brief

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