A D.B. habeas corpus petition filed by a father claiming his major daughter was illegally detained was dismissed. The Court found the girl voluntarily married and refused to meet her parents. Police directed to facilitate her return to chosen place.
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[2023/RJJD/005349]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 28/2023
Shyam Lal S/o Sh. Ghokal Ram, Aged About 46 Years, Resident Of Shree Yade Nagar, Nandri (Rural), Jodhpur, 342027, Rajasthan.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : | Mr. Ripudaman Singh |
|---|---|---|
| For Respondent(s) | : | Mr. M. A. Siddiqui, GA-cum-AAG |
| For respondent No.4 | : | Mr. C. R. Choudhary |
| Present in person | : | Mr. Sitaram (HC1259) |
| P.S. Banar, Jodhpur (East) |
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
14/02/2023
This habeas corpus petition is filed by the petitioner claiming that his daughter is missing since 23.01.2023 and she might have eloped with someone. It is also alleged that corpus took all her belongings along with cash and the ornaments. It is further stated by the petitioner that he has lodged a missing person report at Police Station Banar, Jodhpur (East), however, the Police is not making any effort to trace out the corpus. It is alleged in the
[2023/RJJD/005349]
[HC-28/2023]
(2 of 2)
petition that petitioner’s daughter might be in illegal detention of respondent No.4.
Pursuant to the directions given by this Court on 06.02.2023, learned AAG has produced the corpus before us through Police.
We have interacted with the corpus and she has specifically stated that she has solemnized marriage with the respondent No.4 and at present residing with him as his wife.
We advised the corpus to meet her parents, however, she bluntly refused to meet them and reiterated that she wants to live with her husband only.
As per the school documents produced by the petitioner himself along with the petition, the date of birth of the corpus is 02.10.2003 and as such she is major.
Since the corpus is major; solemnized marriage with the respondent No.4 and is not in illegal detention of anybody, no case for issuing writ of habeas corpus is made out.
In view of the above, this habeas corpus petition is dismissed.
The Police is directed to facilitate the return of the corpus to the place of her choice.
(PRAVEER BHATNAGAR),J
(VIJAY BISHNOI),J
30-AjaySingh/-
1 issue framed by the court
Whether a habeas corpus petition is maintainable when a major girl voluntarily marries and resides with her husband?
Shyam Lal S/o Sh. Ghokal Ram
State Of Rajasthan
Arjun Das S/o Teja Das
VIJAY BISHNOI
PRAVEER BHATNAGAR
As recorded by the court registry
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