High CourtsDivision Bench

Jagdish Kumar vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 23 February 2023 · Citation: (2023) 02 RAJ CK 0098

HON’BLE JUDGES
Arun Bhansali, J · Praveer Bhatnagar, J
RESULT
Disposed Of
CASE NUMBER
D.B. Habeas Corpus Petition No. 47 Of 2023
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Judgment

13 paragraphs · 392 words

JUDGMENTTAG-JUDGMENT

On 10.2.2023, copy of the petition was ordered to be supplied to learned AAG, who was directed to file the factual report.

On 21.2.2023, the following order was passed by the Court:-

“This petition has been filed by the petitioner – brother of alleged detenue with the submissions that his sister - an adult was married to respondent no.4 about 12 years back and that she was in illegal detention of the said respondent no.4.

By order dated 10.2.2023, learned AAG was required to file the factual report.

Today, factual report has been produced inter alia indicating that the alleged detenue was searched at her in-laws place, where she was not available and as per her mobile number her location was indicated at Jodhpur, wherein, she was contacted by the police, the detenue indicated that she was staying at Jodhpur on her own, undertaking studies and was not interested either to go with her parents and/or to her in-laws’ place.

Today, the alleged detenue has been produced before the Court, wherein, the Court has interacted with the said alleged detenue, who has reiterated what was indicated by her to the police. She has expressed that when she left her matrimonial home in June 2022 and contacted her parents, she was told not to come to them and, therefore, left with no alternative, she has stayed at Jodhpur and by undertaking some work, earning her livelihood and studying as well on her own.

She reiterated that she was not willing to go to her parents and/or to matrimonial home and that she should not be forced by either of them to go to matrimonial home and/or her parents’ place.

It is apparent that detenue is a major and has expressed her willingness to be at her own. Today, neither the petitioner is present nor his counsel is present.

In view thereof, list the petition on 23.2.2023.

The alleged detenue is free to go wherever she wishes”.

Today also, none is present for the petitioner.

In view of the interaction, which the Court have had with the alleged detenue on 21.2.2023, wherein she indicated that she was not willing to go to her parents and/or to matrimonial home and that she should not be forced by either of them to go to matrimonial home and/or her parents’ place, the petition is disposed of.