The High Court dismissed a habeas corpus petition filed for the illegal detention of the petitioner's wife. The respondent produced the individual who stated she resides with her parents of her own free will.
The habeas corpus petition is dismissed. The deposit of Rs.10,000/- is ordered to be returned to the petitioner.
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[2024:RJ-JD:3146-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 9/2024
Krishan Kumar S/o Dana Ram, Aged About 24 Years, Resident Of Bas Sarayan, Police Station Sahwa, Tehsil Taranagar, District Churu (Rajasthan).
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : | Mr. R. S. Rathore |
|---|---|---|
| For Respondent(s) | : | Mr. M. A. Siddiqui, AAG Mr. Suresh Khadav Ms. Susheela Jat Mr. Pradeep jat |
| Present in Person | : | Mr. Ramnarayan, ASI Ms. Sunil Kumari |
| PS Sahwa,Distt. Churu |
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Judgment / Order
19/01/2024
This habeas corpus petition is filed on behalf of the petitioner alleging that his legally wedded wife is illegally detained by the respondent No.4. It is submitted that the petitioner and the daughter of the respondent No.4 solemnized marriage on 10.12.2023 in Arya Samaj Bhawan, Jodhpur, however, the
[2024:RJ-JD:3146-DB]
[HC-9/2024]
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respondent No.4 took petitioner's wife along with him on false promise of marriage. It is stated that now the corpus is in illegal detention of respondent No.4.
On 16.01.2024, an application was moved on behalf of the petitioner seeking preponment of the date and the same was disposed of while directing for listing the matter today i.e. 19.1.2024.
On 16.1.2024, learned counsel for the respondent No.4 assured this Court that the corpus would be produced before this Court on the next date of hearing. Today, the corpus is produced before us. We have interacted with the corpus and she has specifically stated that she is residing with her parents as per her own free will and she is not in illegal detention of anybody.
Admittedly, the corpus is major and she is not in illegal detention of anybody, therefore, no case for issuance of writ of habeas corpus is made out.
Hence, this habeas corpus petition is dismissed.
The demand draft of Rs.10,000/- deposited by the petitioner pursuant to the directions given by this Court on 05.01.2024 be returned to him by the Registrar Judicial of this Court on moving an appropriate application in this regard.
(RAJENDRA PRAKASH SONI),J
(VIJAY BISHNOI),J
97-DvyaTak
2 issues framed by the court
Whether a writ of habeas corpus is maintainable when the individual in question is a major and asserts free will to reside with parents.
Whether the petitioner's allegation of illegal detention of his wife is substantiated.
1 provisions across 1 enactments
Krishan Kumar S/o Dana Ram
The State Of Rajasthan, Through Home Secretary Secretariat, Jaipur
The Superintendent Of Police, Churu (Rajasthan)
Station House Officer, Police Station Sahwa, District Churu (Rajasthan)
Shankar Lal S/o Chetan Ram
Vijay Bishnoi
Rajendra Prakash Soni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
