Petitioner filed habeas corpus petition alleging his daughter is missing and police inaction. Court found daughter is major and voluntarily married, thus dismissed the petition as there is no case for habeas corpus.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JD:5524-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 36/2024
Mansharam S/o Shri Mohanlal, Aged About 50 Years, Resident Of Odon Ka Bas, Luni, Tehsil And Police Station Luni, District Jodhpur Rural (Rajasthan)
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Rishabh Tayal (through VC) Mr. Gaurav Thanvi |
|---|---|
| For Respondent(s) | : Mr. M. A. Siddiqui, GA-cum-AAG Mr. A. R. Malkani Mr. Vikash Barash Mr. S. D. Chavariya |
| Present in Person | : Mr. Rajendra Choudhary, CI Mr. Ganesh Lal, Head Constable (1649) PS Luni, District Jodhpur |
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
02/02/2024
1. The instant habeas corpus petition is filed by the petitioner alleging that his minor daughter is missing since 16.01.2024 from his house and in relation to that, he has filed a written complaint with the Police, but the Police are not making serious efforts to trace out his minor daughter.
[2024:RJ-JD:5524-DB]
[HC-36/2024]
(2 of 2)
2. Learned AAG has submitted that as a matter of fact, the petitioner’s daughter, who is allegedly missing from her house, is major as her date of birth, as per the secondary mark-sheet, is 10.01.2003. It is also submitted that the petitioner’s daughter approached the Police and gave a written complaint that she is major and solemnized marriage with one Sourabh S/o Sanjay, however, her family members are threatening them and may cause harm to her, her husband and his family members and therefore, protection may be granted to them.
3. It is further submitted that the Police have recorded the statements of the corpus, wherein she has specifically stated that she voluntarily solemnized marriage with Sourabh S/o Sanjay and is residing in his house as his wife and she is not in illegal detention of anybody.
4. Today, the corpus appeared before this Court and reiterated the same before this Court during interaction.
5. Having considered the fact that the corpus is major and is not in illegal confinement of anybody, we do not find any case for issuance of writ of habeas corpus.
6. Hence, the instant habeas corpus petition is dismissed.
(MUNNURI LAXMAN),J
(VIJAY BISHNOI),J
28-AjaySingh/-
2 issues framed by the court
Whether a writ of habeas corpus should be issued when the alleged missing person is a major and voluntarily married.
Whether the police have failed in their duty to trace out a missing minor daughter.
Mansharam
State Of Rajasthan
VIJAY BISHNOI
MUNNURI LAXMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
