Allowed

Bhairo Singh v. State of Rajasthan

Rajasthan HC20 Nov 2023HC/371/2023

Case brief

AI extract

What is this about?

In a habeas corpus petition regarding a major girl's custody, the Rajasthan High Court directed State authorities to allow the girl to go with her chosen husband, prioritizing her express wish over parental objection, provided security and document custody were ensured.

What did the court decide?

Allowed the major girl to go with the respondent No. 4 for marriage; directed State authorities to ensure her security; ordered parents to surrender original educational documents.

Bhairo Singh Vs State of Rajasthan — Child Custody and Guardianship | Rajasthan HC (2023)

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[2023:RJ-JD:39631-DB]

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...

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

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D.B. Habeas Corpus Petition No. 371/2023.

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Bhairo Singh S/o Pep Singh, Aged 48 Years, Resident of Shivnath Singh Ki Dhani, Kali Mali, Aamla, District Phalodi.

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----Petitioner

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Versus

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State of Rajasthan through the Secretary, Home Department, Secretariat, Rajasthan, Jaipur.

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The Superintendent of Police, District Phalodi.

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The Station House Officer (SHO), Police Station P.S. Aamla, District Phalodi.

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Narpat Singh S/o Kalyan Singh, Age-27 Years, Resident of Lohata, Lathi, District Phalodi.

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----Respondents

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For Petitioner(s)	:	Ms. Laxmi Rathore.
For Respondent(s)	:	Mr. M.A. Siddiqui, GA-cum-AAG. Mr. Rohit Mutha, Asstt. to AAG.
		Mr. P.D. Vaishnava (R/4). Mr. Dalpat Singh, Sub Inspector, Police Station Phalodi.
		Ms. Rekha, Head Constable, Belt No.
		146,Police Station Phalodi.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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20/11/2023

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The instant habeas corpus petition has been filed by the petitioner with the following prayers:-

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“1. Respondents may kindly be directed to produce corpus Guddi Kanwar Daughter of Bhairo Singh without any delay, before this Hon’ble Court and

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(2 of 3)

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[2023:RJ-JD:39631-DB]

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[HC-371/2023]

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directed to initiate criminal action against the respondent no. 4 accused.

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2. Respondents authorities may be directed to take suitable action as per law against private respondent no. 4 and further ensure safety and liberty of minor corpus.

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3. Any other relief, which this Hon’ble Court deems just and proper in the facts and circumstances of the case may kindly also kindly, be passed in favour of the petitoner.”

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The corpus Ms. ‘G’ has been produced before the Court.

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We have conferred with the corpus in camera . The corpus Ms. ‘G’ is a major girl. The respondent No.4, the boy, to whom the corpus wants to marry, with his family members is also present before the Court. The corpus prays that she may be allowed to marry with the respondent No.4 and further, she may be allowed to go with him.

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The parents of the corpus are also present along with learned counsel for the petitioner Ms. Laxmi Rathore. They have vehemently submitted that they be given the custody of the corpus.

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This Court has all the sympathy with the parents of the corpus but at the same time, the corpus Ms. ‘G’ is a major girl and has firmly stated before the Court that she wants to marry with the respondent No.4 and she may be allowed to go with the respondent No.4 only.

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Upon asking of the Court, the mother of the respondent No.4, who is also present before the Court, as to whether she will be ready to take the corpus with her, she replied that she is ready to take the corpus with her and will solemnize the

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[2023:RJ-JD:39631-DB]

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[HC-371/2023]

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(3 of 3)

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marriage of the respondent No.4 with the corpus Ms. ‘G’ and will get it registered properly.

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This Court is in serious predicament because of the parents of the corpus but at the same is bound to follow the law of land and thus, the corpus, who is a major girl is directed to be allowed to go as per her wish with the respondent No.4 by the respondent State authorities.

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Learned Additional Advocate General Mr. M.A. Siddiqui and petitioner’s counsel Ms. Laxmi Rathore are requested, as Officers of this Court, to coordinate with the parties who shall be solemnizing the marriage to persuade the parents of the corpus to remain present themselves in the marriage of the corpus Ms. ‘G’ and the respondent No.4 to give blessings to them.

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With the observations foregoing, the instant habeas corpus petition is disposed of.

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The security of the corpus shall be ensured after proper assessment by the concerned authorities.

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The parents shall give custody of the original educational documents, i.e. degrees and certificates, to the corpus immediately.

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(RAJENDRA PRAKASH SONI),J (DR.PUSHPENDRA SINGH BHATI), J

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23-Mohan/-

Bhairo Singh v. State of Rajasthan

Case brief

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Bhairo Singh v. State of Rajasthan

Case brief

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