Habeas Corpus petition filed by a father alleging illegal detention of his minor daughter. Corus is now major and claims she wants to be with the detainee if marriage is solemnized, fearing coercion from parents otherwise.
Petition dismissed. Police directed to facilitate return of the corpus to the place of her choice while taking safety measures.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 54/2023
Sujana Ram S/o Shri Mana Ram, Aged About 53 Years, By Caste Bishnoi, R/o Village Sakand, Tehsil Sanchore, District Jalore.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Manohar Singh
For Respondent(s) : Mr. M.A. Siddiqui, GA-cum-AAG
Mr. Niranjan Pratap Singh, CI, SHO Ms. Rameshwari (888) Mr. Narpat Singh (1026) Mr. Om Prakash, ASI, P.S. Sanchore, Distt. Jalore, present in person
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
14/03/2023
This habeas corpus petition is filed by the petitioner claiming that his minor daughter was forcibly took away by the respondent No.4 on 02.02.2023 at about 04:00 a.m. It is mentioned in the petition that the respondent No.4 along with petitioner’s minor daughter took away ornaments and Rs.50,000/- from petitioner’s house.
(2 of 4) [HC-54/2023]
It is further stated that in relation to the said incident, an FIR No.57/2023 was lodged at Police Station Sanchore, Distt. Jalore for the offences under Sections 457, 380 & 363 of IPC, however, after more than 20 days’ of the incident, the police is not making any efforts to trace out the petitioner’s minor daughter and at present, she is in illegal detention of the respondent No.4.
Pursuant to the directions given by this Court, learned AAG has submitted the factual report, however, this Court on 02.03.2023 has observed that the factual report is not satisfactory and, therefore, a direction was issued to the SHO to remain present before this Court on the next date of hearing.
On 03.03.2023, the SHO remained present before this Court, however, on that day, the Court has granted time to the police to locate the corpus and ordered to list the case on 10.03.2023.
On 10.03.2023, again a factual report was called from the police, but this Court has observed that the efforts carried out by the police in tracing out the corpus are not satisfactory and, therefore, direction was issued to the police to make sincere efforts to trace out the corpus with a further direction to list the matter on 16.03.2023, however, in between, on 13.03.2023, the corpus was produced by the police before this Court claiming that she was found at Jhalamand Circle, Jodhpur in the morning itself.
Because on 13.03.2023, no-one was present on behalf of the petitioner, this Court has adjourned the matter for today with a direction to lodge the corpus at Nari Niketan, Jodhpur and produce her before this Court today.
Today, the petitioner Sujana Ram is present in person along with his relative.
[HC-54/2023]
(3 of 4)
We have interacted with the corpus in camera as well as in the open Court and she insisted that she wants to go with the respondent No.4. However, the corpus has stated that if her parents are ready to send her with the respondent No.4 after solemnizing marriage, than only, she is ready to go with her parents.
The corpus has also stated that earlier she was engaged with a boy in village Siwara, District Jalore, but as per her information, the said boy is involved in illegal activities and at present he is in jail in relation to some criminal case. The corpus has also stated that her parents and other relatives may force her to marry him or some other boy and not with the respondent No.4.
During the course of arguments, it is also revealed that mother of the corpus has filed an FIR at Police Station Jalore for the offence under Section 376 IPC against the father of the respondent No.4 and at present, father of the respondent No.4 is in jail in relation of that FIR.
Counsel for the petitioner has argued that as the corpus is under pressure of respondent No.4 as she was in his illegal confinement from 02.05.2022 till 13.03.2023, it would be appropriate to send the corpus at Nari Niketan, Jodhpur so that she can take decision without any pressure on her. Counsel for the petitioner has also submitted that the corpus be sent to the Nari Niketan, Jodhpur at least for fifteen days.
Though, at the time of filing of the habeas corpus petition, the corpus was minor as her date of birth is 11.03.2005, however, during the pendency of this habes corpus petition, she has attained the age of 18 years, thus, she is major today.
(4 of 4) [HC-54/2023]
As stated earlier, we have interacted with the corpus in camera as well as in the open Court more than once and she has reiterated that she wants to go with the respondent No.4, but she is ready to go with her parents if they promise to solemnize her marriage with the respondent No.4 only.
Taking into consideration the overall submissions made by counsel for the petitioner and after interacting with the petitioner, his family members, we got an impression that the petitioner and his family member are not ready with the idea that the corpus may live with the respondent No.4. We feel that if we hand-over the custody of the corpus to the petitioner or her relatives, she may be harassed and forced to marry a person other that the person of her choice. We feel that the corpus may not remain safe in the custody of his father or relatives. Otherwise also, we can not force the corpus, who is major, to live in the company of persons against her wishes.
Taking into consideration the overall facts and circumstances of the case, particularly, the fact that the corpus is major and as per her submissions, she is not in illegal confinement of any person, we do not find any merit in this habeas corpus petition, which is dismissed as such.
However, the Police is directed to facilitate return of the corpus to the place of her choice while taking all safety measures.
(RAJENDRA PRAKASH SONI),J
(VIJAY BISHNOI),J
62-Anshul/-
2 issues framed by the court
Whether the habeas corpus petition filed regarding the daughter's detention has merit after she attained the age of majority.
Whether the petitioner is ready to accept the daughter's decision to live with the respondent No.4.
Sujana Ram S/o Shri Mana Ram
State Of Rajasthan
Superintendent Of Police, Jalore
S.h.o. Police Station, Sanchore
Sunil Kumar S/o Shri Raju Ram
Vijay Bishnoi
Rajendra Prakash Soni
As recorded by the court registry
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