The Court dismissed a Habeas Corpus petition filed by a husband alleging illegal detention of his wife and minor daughter by the respondent. The corpus stated she left her in-laws' house voluntarily and resides with the respondent of her own free will. No illegal detention was found.
Police directed to facilitate the return of the corpus to her place of choice.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 58/2023
Naresh S/o Deva Ram, Aged 32 Years, By Caste Nayak, R/o Village Chawadya, Tahsil Kharsi, Police Station Marwar Junction, District Pali, Rajasthan.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. M.R. Choudhary |
|---|---|
| For Respondent(s) | : Mr. M.A. Siddiqui, GA-cum-AAG |
| Present in person | : Mr. Prabhu Dayal, S.I. |
| Ms. Geeta MFC, 1549, P.S. Marwar Jn. Pali. |
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
04/04/2023
This Habeas Corpus Petition has been filed by the petitioner alleging that his wife along with his minor daughter is in illegal detention of the respondent No.5. By this habeas corpus petition, the petitioner has prayed that the police be directed to produce his wife and his minor daughter before this Court.
[2023/RJJD/008473]
[HC-61/2023]
(2 of 2)
Pursuant to the directions given by this Court from time to time, the corpus is produced before this Court today.
We have interacted with the corpus and she has stated that as the petitioner and her mother used to harass her, she left her in-laws’ house as per her own free will and at present residing with the respondent No.5. She has specifically stated that she is not in illegal detention of respondent No.5 and is residing with him as per her own free will.
It is not in dispute that corpus is major and at present she is living with the respondent No.5 as per her own free will, therefore, no case of illegal detention is made out in this habeas corpus petition and the same is dismissed.
However, the police is directed to facilitate the return of the corpus to the place of her choice.
(RAJENDRA PRAKASH SONI),J
(VIJAY BISHNOI),J
C-1-Nitin/Payal-
1 issue framed by the court
Whether the petitioner's wife and minor daughter were illegally detained by Respondent No. 5. The wife stated she left her in-laws' house of her own free will and resides with Respondent No. 5 of her
Naresh
State of Rajasthan
Director General of Police
Superintendent of Police, Pali
S.H.O, Police Station, Marwar Junction
Mukesh
Vijay Bishnoi
Rajendra Prakash Soni
As recorded by the court registry
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