Dismissed

Ashok Kumar v. State of Rajasthan

Rajasthan HC13 Apr 2023HC/83/2023

Case brief

AI extract

What is this about?

In a habeas corpus petition challenging the restraint of a daughter against her will, the High Court, relying on respondent statements that the girl approached the detained male and wishes to live with him, held no illegal detention occurred and dismissed the petition.

What did the court decide?

The habeas corpus petition was dismissed holding that the daughter was not illegally detained.

Ashok Kumar Vs State of Rajasthan — Child Custody and Guardianship | Rajasthan HC (2023)

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[2023/RJJD/009852]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 83/2023

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Ashok Kumar S/o Pema Ram, aged about 48 Years, R/o Hamirpura, District Barmer (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, Barmer.

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The S.H.O., Police Station Kotwali Barmer, District Barmer. 4. Karan S/o Rakesh Khinchi, R/o Balwanta, Triveni Colony, Danta, Nasirabad, District Ajmer.

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Rakesh S/o Ghisa Ram, R/o Balwanta, Triveni Colony, Danta, Nasirabad, District Ajmer.

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Vindo Khinchi S/o Hemraj Khinchi, R/o Balwanta, Triveni Colony, Danta, Nasirabad, District Ajmer.

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Shanti Devi W/o Ghisa Ram, R/o Balwanta, Triveni Colony, Danta, Nasirabad, District Ajmer.

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Ramesh S/o Ghisa Ram, R/o Dilwara, Ajmer. 9. Manak Mal @ Manak Ram, R/o Bagliya, Police Station Javaja, Ajmer.

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----Respondents

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For Petitioner(s)	: Mr. Rajesh Bhargava.
For Respondent(s)	: Mr. M.A. Siddiqui, GA-cum-AAG.
	Mr. Amraram, A.S.I.
	Police Station- Kotwali,Barmer.

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HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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13/04/2023

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This petition in the nature of habeas corpus has been filed by the petitioner, inter-alia , alleging that his daughter Ms. ‘P’ has been restrained against her will by respondents No.4 to 9.

[2023/RJJD/009852]

[HC-83/2023]

(2 of 2)

By order dated 29.03.2023, the copy of the petition was ordered to be supplied to learned AAG, who was directed to complete his instructions in the matter.

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A factual report has been produced, inter-alia , indicating that the corpus alongwith accused Karan Khichi (respondent No.4) were located and that they have indicated that they have contacted marriage at Arya-Samaj, Nasirabad. The corpus has attained majority on 09.04.2023 and in her statements, she has specifically indicated that she had gone alongwith Karan Khichi as per her own will and that she wants to live with him and that does not want to meet/talk with her parents.

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Counsel for the petitioner, does not dispute the fact that despite efforts made by the parents, the corpus isn’t willing to interact with them.

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In view of above fact situation, wherein from the material produced by the respondents it cannot be said that the corpus is in illegal detention, as alleged, no case for interference is made out in the petition.

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The petition is, accordingly, dismissed.

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(RAJENDRA PRAKASH SONI),J

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(ARUN BHANSALI),J

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7-DJ/-

Ashok Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ashok Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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