Disposed

Kamlesh Soyal W/O Kamlesh Khatik v. the State of Rajasthan

Rajasthan HC4 Dec 2024HC/392/2024

Case brief

AI extract

What is this about?

Writ court disposed of a habeas corpus petition seeking production of the petitioner's minor daughter, who had stated unwillingness to return home due to forced marriage concerns. The daughter was deposited with Rajkiya Balika Gruh until attaining majority, after which she would be free to choose her residence.

What did the court decide?

Corpus deposited with Rajkiya Balika Gruh, Jaipur until age 18; parents permitted to meet; child free to choose residence thereafter.

Kamlesh Soyal W/O Kamlesh Khatik Vs the State of Rajasthan — Rajasthan HC (2024) — LawSathi Research

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[2024:RJ-JP:49933-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Habeas Corpus Petition No. 392/2024

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Kamlesh Soyal W/o Kamlesh Khatik, Aged About 34 Years, R/o 91, Amalda, Bhilwara, Rajasthan-311605 Currently R/o 119/131, Agarwal Farm, Mansarovar, Jaipur.

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----Petitioner

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Versus

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The State Of Rajasthan, Through The Principal Secretary, Department Of Home, Government Secretariat, Jaipur (Raj.).

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The Director General Of Police, Rajasthan, Jaipur (Raj.).

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The Additional Director General Of Police, Anti Human Trafficking Unit, Jaipur (Raj.).

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The Inspector General Of Police, Jaipur Range, Jaipur.

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The Superintendent Of Police, District Jaipur (South).

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The Station House Officer, Police Station Shipra Path, District Jaipur (South).

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----Respondents

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For Petitioner(s) : Ms. Aditi Chandel For State : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Aman Kumar, AAAG

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Mr. Puran Chand (IO), ASI with Ms. Gallibai, MFC-4651, PS Shiprapath, Jaipur, Present in Person

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA

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Order

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04/12/2024

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Petitioner has filed this Habeas Corpus Petition seeking production of the corpus who happens to be minor daughter of the petitioner.

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[2024:RJ-JP:49933-DB]

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[HC-392/2024]

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(2 of 2)

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Corpus has been produced before the Court by Mr. Puran Chand (IO), ASI and Ms. Gallibai, MFC-4651. We appreciate the efforts put in by the Police in tracing the corpus.

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We have interacted with the corpus. Corpus has clearly stated that she is not willing to go to her parent’s house, as she would be forcefully married against her wish.

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Since corpus is not willing to go with petitioner, we deem it proper to direct Mr. Puran Chand(IO), ASI and Ms. Gallibai, MFC4651 to deposit the corpus with Rajkiya Balika Gruh, Gandhi Nagar, Jaipur. Superintendent, Balika Gruh, Gandhi Nagar, Jaipur is directed to retain the corpus till the date she attains majority i.e. 23.02.2025. Thereafter, corpus would be free to go to the place of her choice. It is made clear that Superintendent, Balika Gruh, Gandhi Nagar, Jaipur will not permit any person to meet the corpus except her parents.

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The present Habeas Corpus Petition is accordingly, disposed of.

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A copy of this order be provided to learned GA-cum-AAG for necessary compliance.

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(SHUBHA MEHTA),J

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(PANKAJ BHANDARI),J

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MAHIMA/1.C

Kamlesh Soyal W/O Kamlesh Khatik v. the State of Rajasthan

Case brief

What is this about?

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Kamlesh Soyal W/O Kamlesh Khatik v. the State of Rajasthan

Case brief

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What did the court decide?

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