The D.B. Habeas Corpus petition was dismissed after the juvenile court-recorded the deposition of the corpus. The High Court found she was confident in her decision to live with her parents voluntarily and saw no reason to disbelieve her claim of being under no pressure.
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.
[2023:RJ-JD:44236-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 328/2023
Bhikha Ram S/o Ruda Ram, Aged About 32 Years, Resident Of 15 Choudhariyon Ka Bas, Near Pejagad, Chirpatiya, Raniwara, Jalore.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : | Mr. Navneet Poonia |
|---|---|---|
| For Respondent(s) | : | Mr. M.A. Siddiqui, AAG with |
| Mr. Rohit Mutha | ||
| Ms. Priyanka Borana | ||
| Mr. Babulal, C.I. P.S. Karada, | ||
| Dist. Sanchore |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
18/12/2023
The corpus is present in the Court and upon being asked she submits that she is aged about 23 years and studied till 9th class. She further submits that she is living with her parents voluntarily and is under no kind of pressure.
Parents are also present in the court.
[2023:RJ-JD:44236-DB]
[HC-328/2023]
(2 of 2)
Learned counsel for the petitioner tried to persuade this court that there might be some pressure upon the corpus but on examination, the corpus wants to go voluntarily with the parents and there is no reason why she should be disbelieved as she appears to be confident in her decision.
Accordingly, this habeas corpus petition is dismissed.
(RAJENDRA PRAKASH SONI),J.
(DR. PUSHPENDRA SINGH BHATI),J.
46-nitin/divya/-
1 issue framed by the court
Whether the corpus lacks the mental capacity or is under pressure to go with her parents voluntarily.
Bhikha Ram
The State Of Rajasthan
The Superintendent Of Police Jalore
Rekha Ram
Champa Devi
PUSHPENDRA SINGH BHATI
RAJENDRA PRAKASH SONI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
