Dismissed

Harji Ram v. State of Rajasthan

Rajasthan HC4 Apr 2023HC/61/2023

Case brief

AI extract

What is this about?

Petitioner challenged illegal detention of his daughter via habeas corpus. Court found corpus voluntarily married respondent No. 4 and resides with him freely. Petitioner added as applicant and police directed to provide protection.

What did the court decide?

Petition dismissed; police directed to provide protection to corpus and her husband and facilitate their return to their chosen place.

Harji Ram Vs State of Rajasthan — Constitutional and Fundamental Rights | 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. 61/2023

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Harji Ram S/o Late Fusaram, Aged About 52 Years, By Caste Brahmin, R/o Gumannagar, Bano Ka Bas, Nathrau, Ps Chomu, District Jodhpur, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Home Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Superintendent Of Police, Jodhpur Rural.

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The Station House Officer, P.s. Chomu, District Jodhpur.

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Nitesh @ Netaram S/o Radheshyam, By Caste Brahmin, Village Ostra, Tehsil Bhopalgarh, District Jodhpur, Rajasthan.

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----Respondents

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For Petitioner(s)	: Mr. Kuldeep Sharma
For Respondent(s)	: Mr. M.A. Siddiqui, GA-cum-AAG
	Mr. G.S. Rathore
Present in person(s)	: Mr. Deep Singh, S.I.
	PS Chomu, District Jodhpur Rural

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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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04/04/2023

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This habeas corpus petition has been filed by the petitioner alleging that her elder daughter was abducted by respondent No.4 and others on 14.01.2022 after misbehaving with her younger daughter. The petitioner has alleged that her elder daughter is in illegal detention of respondent No.4.

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This Court on 16.03.2023, after hearing the petitioner in person and after going through the factual report submitted by

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(2 of 3) [HC-61/2023]

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the learned AAG, has already observed that prima facie, this Court is of the opinion that it is not a case of illegal confinement but at the request of the petitioner, the case was adjourned.

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Today, the corpus is appear on her own before this Court and we have interacted with her in Court and she has specifically stated that she has solemnized marriage with the respondent No.4 on 15.01.20523 and at present she is residing with him as per her own free will.

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Learned counsel for the petitioner has requested that the petitioner be granted opportunity to meet the corpus alone, however, the corpus has stated that she has already met with the petitioner and other relatives out of the Court and they started misbehaving with her, therefore, she does not want to meet with the petitioner. She has also specifically stated that she is not in illegal confinement and at present she is residing with respondent No.4 as per own free will after solemnizing marriage with him.

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The corpus has stated that as the petitioner and his other relative may cause harm to her, so the police be directed to provide protection to her and her husband.

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As per the petitioner himself, the corpus is major and the police have also collected the school record wherein the date of birth of corpus is mentioned 16.03.2003.

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Since, the corpus is major and at present she is residing with respondent No.4 after solemnizing marriage with him as per her own free will, no case for illegal confinement is made out, hence this habeas corpus petition is dismissed.

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[HC-61/2023]

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(3 of 3)

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However, the police are directed to provide protection to the

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corpus and her husband and facilitate their return to the place of their choice.

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(RAJENDRA PRAKASH SONI),J

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(VIJAY BISHNOI),J

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3-Arun/-

Harji Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Harji Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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