A D.B. Habeas Corpus petition challenging illegal detention of the petitioner's wife was filed. The Court noted the woman resided with her father voluntarily after a marriage dispute. The petition was dismissed as the corpus was major and no illegal detention existed.
Dismiss of Habeas Corpus Petition No. 266/2023.
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[2023:RJ-JD:28251-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 266/2023
Sunil Kumar Sevak S/o Gori Shankar Sevak, Aged About 31 Years, Badi Virva Kalla, Jetana, District Udaipur (Raj.).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Aakash Goyal For Respondent(s) : Mr. M.A. Siddiqui, A.A.G. assisted by Mr. A.R. Malkani Present-in-person : Mr. Bhupendra Kumar, ASI, PS. Jhallara, District Salumber
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
05/09/2023
This habeas corpus petition is filed by the petitioner alleging that therein that his legally wedded wife has been detained illegally by the private respondent and despite making complaints in this regard to the police, neither the police are taking any action against the private respondent nor getting his wife released from his illegal detention.
Learned Public Prosecutor has furnished the factual report before this Court on 01.09.2023, wherein it was mentioned that
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[HC-266/2023]
(2 of 2)
after missing of the corpus, her brother lodged an FIR No.70 dated 06.04.2023 at Police Station Jhallara, District Udaipur alleging that his sister has been abducted by the petitioner. It was stated in the factual report that the corpus was traced out by the police and her statement under Section 161 CrPC were recorded by the Police, wherein she has admitted that she went with the petitioner and solemnized marriage with him, however, now she wants to go with her father only.
Later on, statement of the corpus were recorded before the concerned Magistrate under Section 164 CrPC, wherein also, she has stated that she went with the petitioner on her own free will and solemnized marriage with him, but now she wants to go with her father only.
On 01.09.2023, none was present on behalf of the petitioner and the matter was posted for today.
Learned AAG has produced the case diary and after perusal of the same, particularly statement of the corpus recorded under Section 164 CrPC, we are of the view that since the corpus is major and at present she is residing with her father on her own free will, no case for issuance of writ of habeas corpus is made out.
Hence, this habeas corpus petition is dismissed.
(MADAN GOPAL VYAS),J
(VIJAY BISHNOI),J
94-neha/-
1 issue framed by the court
Whether termination of habitual residence by the minor wife with her father due to free will negates the case for issuance of habeas corpus.
Sunil Kumar Sevak
State Of Rajasthan
The Inspector General Of Police, Udaipur
The Superintendent Of Police, Udaipur
The Sho, Police Station Jhallara
Gota Patel
Vijay Bishnoi
Madan Gopal Vyas
As recorded by the court registry
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