Kunaram vs State Of Rajasthan And Others

This petition in the nature of habeas corpus has been filed by the petitioner for production of his minor daughter, who was alleged to be in wrongful custody of respondent no.5.

Pursuant to the directions given by this Court, the respondents had produced the corpus before the Court on 16.2.2023, on which date, the corpus who is a minor, indicated that she was not willing to go with her parents and after interacting with the minor, the Court on possibility of the minor being in influence of respondent no.5, ordered that she may be taken back to Balika Grah, Jodhpur. The Court permitted the parents to meet her, in case, she agreed for the same.

Today, the alleged detenue has been produced from Balika Grah, Jodhpur. Learned GA indicated that her statements under Section 164 Cr.P.C. were recorded on 21.2.2023 before the Judicial Magistrate, Jaitaran, Pali, before whom, she has indicated that she has gone with Ganpat at her own will, who has not committed anything with her and she now wants to go with her parents.

Today also, when we interacted with the corpus, she indicated that while at Balika Grah, Jodhpur, she had met with her parents and that she was willing to go with them, however, she expressed apprehension that she may be ill-treated / be given beating and that she may be married against her wishes.

The said aspect was put to the petitioner and mother of the corpus, who have assured that they would not ill-treat the child and she would not be married against her wishes.

The date of birth of the corpus is indicated as 9.7.2005 and, therefore, she will obtain majority on 9.7.2023.

In view of the above fact situation, wherein the corpus has indicated her willingness to go with her parents, the petition is disposed of.

The corpus be handed over to the parents, however, the parents are directed not to ill-treat the corpus and that the corpus should not be married before attaining the age of majority and that even after attaining majority, she be not married without her consent.

To ensure that the corpus is not ill-treated till she attains age of majority, we direct that SHO, Police Station Raipur, District Pali, along with a female constable would make periodic visit to the residence of the petitioners and interact with the corpus i.e. every 15th day starting from 9.3.2023 and keep a record of the visit.