Allowed

Moda Ram v. the State of Rajasthan

Rajasthan HC4 Apr 2023HC/67/2023

Case brief

AI extract

What is this about?

A D.B. Habeas Corpus petition filed regarding the missing wife and minor child of the petitioner. The missing adult female (corpus) stated she wished to return to the petitioner. The Court directed the petitioner to provide an undertaking against ill-treatment, ordered police monitoring for three months, and allowed her to return to her choice of place.

What did the court decide?

Liberty granted to the corpus to go to her place of choice; petitioner directed to furnish undertaking against ill-treatment; police directed to monitor and protect the corpus.

Moda Ram Vs the 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. 67/2023

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Moda Ram S/o Sadla Ram Ji, Aged About 33 Years, B/c Dewasi, R/o Chanar, District Sirohi, At Present Residing At Revtda, Tehsil Sayla, District Jalore (Rajasthan).

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----Petitioner

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Versus

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

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The Superintendent Of Police, Jalore.

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The S.h.o., Police Station Sayla, District Jalore.

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Bagda Ram S/o Pratap Ram, B/c Dewasi, R/o Pati, District Pali.

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----Respondents

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For Petitioner(s) : Mr. Ramesh Devasi For Respondent(s) : Mr. M.A. Siddiqui, GA-cum-AAG Mr. D.S. Udawat Present in person(s) : Mr. Mohan Lal, ASI, P.S. Sayla District Jalore.

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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 his wife along with one minor child is missing from 08.02.2023 at about 1:00 PM and in relation to the said incident, he lodged a missing person report at Police Station Sayla, District Jalore and also made several representations to the SHO, Police Station Sayla, District Jalore as well as Superintendent of Police, Jalore with the allegation that his wife along with one minor child is in illegal detention of the respondent No.4.

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(2 of 3) [HC-67/2023]

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Pursuant to the direction given by this Court on 20.03.2023, the corpus was produced before this Court on 27^th March, 2023 and on that day, this court allowed her to meet her mother and mother’s sister for some time in the Court, however, the corpus insisted that she wants to go with the respondent No.4 only.

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On 27.03.2023, this Court granted time to learned counsel for the petitioner with a direction to the police to provide protection to the corpus till the next date.

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Today, the corpus appear before this Court and we have interacted with her in camera as well as in the Court and she has stated that now she wants to go with the petitioner. We have also interacted with the petitioner and mother of the corpus and all of them have assured this Court that the corpus will not be ill-treated in any manner.

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It is not in dispute that the corpus is major and having three issues out of her marriage with the petitioner. It is also not in dispute that the corpus has stated that though till date she was residing with the respondent No.4 as per her own free will but now she wants to go with the petitioner.

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We deem it appropriate to dispose of this habeas corpus petition with liberty to the corpus to go to the place of her choice, however, the petitioner is directed to furnish and undertaking before this Court today itself that the corpus will not be ill-treated by him or his family members in any manner.

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We also deem it appropriate to direct the SHO, Police Station Sayla, District Jalore to visit the residence of the petitioner as first week of every month for three months along with the female

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[HC-67/2023]

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(3 of 3)

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constable to ensure that the corpus will not be ill-treated by the petitioner and his family members.

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However, the police are directed to facilitate the return of the

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corpus to the place of her choice.

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Ordered accordingly.

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(RAJENDRA PRAKASH SONI),J

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(VIJAY BISHNOI),J

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10-Arun/-

Moda Ram v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Moda Ram v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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