Dismissed

Rishabh Soni v. State of Rajasthan

Rajasthan HC14 Mar 2023HC/59/2023

Case brief

AI extract

What is this about?

Habeas corpus petition challenging wife's alleged illegal detention dismissed after she stated she married Rohit and resides with him affirmatively. Court found no case for issuance as she is not under illegal detention. Petition dismissed.

What did the court decide?

Petitioner's prayer for release of wife from illegal detention and production of corpus before this court was not granted.

Rishabh Soni Vs State of Rajasthan — Matrimonial and Divorce | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 59/2023

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Rishabh Soni S/o Shri Ravi Kumar, Aged About 25 Years, By Caste Soni, Resident Of House No. 172, Sector 8, Chopasani Housing Board, Jodhpur, District Jodhpur Metro.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary Of Home Affairs Department, Govt. Of Rajasthan, Jaipur.

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Commissioner Of Police, Jodhpur Range, Jodhpur

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SHO Of Sadar Bazar Police Station, District Jodhpur Metro.

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SHO Of Chopasani Housing Board Police Station, Jodhpur 5. Kailash Soni S/o Shri Parasmal Ji Soni, By Caste Soni, Resident Of Bhistiyo Ka Bass, Kabutaro Ka Chowk, Sadar Bazar Police Station, Jodhpur, District Jodhpur Metro.

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Rajesh Soni, Resident Of Rajeev Nagar, Bjs Colony, Jodhpur.

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----Respondents

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Petitioner-self	: Mr. Rishabh Soni, present in person
For Respondent(s)	: Mr. M.A. Siddiqui, GA-cum-AAG Mr. A.R. Malkani, AAAG
Present in person(s)	: Mr. Suresh Potaliya, Inspector, SHO
	P.S. Sadar Bazar, Jodhpur
	Ms. Leela, Female Constable No.2034

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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14/03/2023

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This habeas corpus petition is filed by the petitioner claiming that he solemnized the marriage with the daughter of the respondent No.5 on 11.07.2022 in the Arya Samaj, Jodhpur as per their own free will. It is claimed that after marriage, the petitioner and his wife are living with happily, however, the respondent No.5 along with his wife came to the petitioner’s house and took away their daughter on the occasion of Shivratri with an assurance to

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[HC-59/2023]

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(2 of 2)

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sent her back to the petitioner’s house. It is further claimed that after sometime, when the petitioner’s wife did not return, he enquired and found that his wife is in illegal detention of the respondent Nos.5 and 6. It is, thus prayed that petitioner’s wife may be released from illegal detention of the respondent No.5 and other respondents and be produced before this Court.

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On 09.03.2023, learned AAG has submitted a factual report, wherein, it is mentioned that the police has recorded statements of the corpus wherein she has specifically stated that she is staying with her husband with whom she married on 22.02.2023 as per her own free will and that she is not under illegal detention.

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This Court has directed the learned AAG to produce the corpus before this Court today along with her husband.

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The corpus is produced before us and we have interacted with her in camera as well as in the open Court.

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Though, the corpus has admitted that her relationship with petitioner-Rishabh Soni on 11.07.2022 but has submitted that now she has solemnized marriage with one Rohit S/o Satish Kumar Soni and at present she is residing with him at her in-laws house. The corpus has also specifically stated that she is not in illegal detention of anybody.

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Admittedly, the corpus is major and at present she is residing with Rohit S/o Satish Kumar Soni as per her own free will, hence, no case for issuance of writ of habeas corpus is made out.

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Hence, this habeas corpus petition is dismissed.

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(RAJENDRA PRAKASH SONI),J

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(VIJAY BISHNOI),J

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C-1-Arun/-

Rishabh Soni v. State of Rajasthan

Case brief

What is this about?

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Rishabh Soni v. State of Rajasthan

Case brief

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