High CourtsDivision Bench(2021) 09 RAJ CK 0033

Chetan Sharma And Others vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 9 September 2021

HON’BLE JUDGES
Sandeep Mehta, J · Rameshwar Vyas, J
RESULT
Dismissed
CASE NUMBER
D.B. Habeas Corpus Petition No. 247 Of 2021

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 209 words

Rameshwar Vyas, J

Issue notice.

Mr. Farzand Ali, learned GA-cum-AAG, puts in appearance on behalf of respondent-State. He has placed on record the factual report.

The instant Habeas Corpus petition has been filed by the petitioners Chetan Sharma and Smt. Ratna Pareek claiming to be husband and the mother respectively of the alleged detenue Mst. 'M'. Before approaching this Court, a missing person report was lodged by Kanhaiya Lal, maternal grandfather of the corpus, at the police station Pratapgarh and during the course of the inquiry thereof, the girl was traced out and her statement was recorded on 06.08.2021. In her statement, the alleged detenue categorically stated that her mother forcibly married her to the petitioner Chetan Sharma. She was involved in a relationship with one Umesh Motiyani and was desirous of marrying to him. Her mother forcibly married her to Chetan. She thus went away with Umesh Motiyani and both are living together voluntarily.

Manifestly, the corpus has also procured an order of protection by filing a miscellaneous petition in this Court.

In this background, this court is of the view that the corpus is not under any illegal confinement. There is no merit in this Habeas Corpus Petition, which is dismissed as such. The rule is discharged.