Mukesh Kumar @APPELLANT@Hash State Of Rajasthan And Other

This habeas corpus petition has been filed by petitionerMukesh Kumar S/o Shri Bahadur Singh, aged 22 years with the prayer that the respondents be

directed to produce his legally wedded wife Anita Gurjar and allow her to stay with him.

Shri Santosh Kumar Soni, learned counsel for the petitioner has argued that the petitioner is resident of Dhani Dadala, Tan Nyorana, Tehsil, Neem Ka

Thana, District Sikar. He is aged 24 years. Petitioner and detenue Anita were having love affairs for last three years. They decided to marry each

other and their marriage was solemnised at Santoshi Mata Mandir, Neem Ka Thana, District Sikar on 15.01.2015. At that time, petitioner was aged 22

years and detenue Anita was 19 years old. They voluntarily prepared a deed of marriage, which is submitted as Annexure-3. Even when they were

residing happily as husband and wife in Maharashtra where the petitioner is doing the masonry work to earn his livelihood. Father of the Anita lodged

a missing person report and then he came there and abused petitioner and threatened to kill him and all his family members He stated that he would

not allow his daughter to stay with the petitioner and took her with him. Subsequently, as per the information received by the petitioner, her marriage

was forcibly solemnised with the respondent no.7-Rahul Gurjar on 10.5.2017, but the detenue somehow came back to the petitioner to Maharashtra on

10.9.2017. There they again started living as husband and wife. Then the father of respondent no.7-Rahul Gurjar lodged an FIR no.368/2017 for

offence u/s.366 IPC with Police Station Kishangarh Bas, District Ajmer. It is in that FIR that the petitioner was arrested and the detenue Anita Gurjar

was recovered from Maharashtra. When the police recorded the statement of Anita Gurjar, she categorically stated that she wanted to reside with the

petitioner as his wife. Police submitted negative final report therein. However, thereafter, the father and mother of the detenue called her in

December, 2017 on the assurance that they would accept her marriage with the petitioner. Believing on their assurance, the detenue went to her

parents. While she was going to her parents, respondent nos.5 to 7 kidnapped her forcefully. Hence this petition.

Shri K.R. Gurjar and Ms. Gayatri Rathore, learned counsel for the respondent nos.5 to 7 however contested this petition by stating that the marriage

of detenue Anita Gurjar has been solemnised with respondent no.7-Rahul Gurjar by hindu customs and rites on 10.5.2017 at Bhageri Kalan. A copy of

the marriage card and marriage certificate issued by Gram Panchayat has been produced on record. It is contended that Anita was living with her

father before 10.5.2017, but thereafter she started living with respondent no.7 as his wife. However, the petitioner kidnapped her on 10.9.2017 with

regard to which incident, FIR no.368/2017 was lodged with Police Station Kishangarh Bas. The police recovered Anita from Maharashtra and then

she came to her parents and thereafter she came to her in-laws i.e. house of respondent no.7 in November, 2017. Her statement u/s.164 Cr.P.C. was

also recorded by Judicial Magistrate, Kishangarh Bas where she admitted her marriage with respondent no.7.

Heard learned counsel for the parties.

This Court required the SHO Police Station Pragpura, Jaipur (Rural) to produce the corpus Anita Gurjar before this Court. She has been produced

before this Court today. Under direction of this Court, her statement was recorded by the Deputy Registrar (Judl.) of this Court. In her statement, she

has stated that she was in love with Mukesh Kumar since 2012. She married Mukesh Kumar in 2015 in Santoshi Mata temple of Neem Ka Thana and

she wanted to live with him. Her parents forcibly got her second marriage solemnised with respondent no.7-Rahul Gurjar of Bhageri in May, 2017.

She does not want to live with respondent no.7 and wanted to live with her husband-Mukesh Kumar. She went to Mukesh Kumar out of her free will.

She does not want any action against any person. Even in her statement u/s.161 Cr.P.C. in the FIR lodged by the respondents, she categorically stated

that she had married with petitioner in Santoshi Mata temple in Sikar. In her statement recorded u/s.164 Cr.P.C. by Judicial Magistrate,

Kishangarhbas also, she categorically stated that she had married petitioner-Mukesh in Santoshi Mata temple, Neem Ka Thana, Sikar and that she

wanted to stay with Mukesh. Her marriage with respondent no.7-Rahul Gurjar was solemnised against her wishes. Copies of these statements are

taken on record.

In view of the desire expressed by Anita Gurjar, but without going into the validity of either of the marriages, we allow this habeas corpus petition and

direct the S.P. Sikar, S.P., Jaipur (Rural) and SHO Police Station Pragpura, Jaipur to ensure that Anita Gurjar safely goes with the petitioner to his

place. They shall also ensure that nothing untowards happen to either of them and provide adequate safety to their life, limb and personal liberty and

respondents nos.5 to 7 are forewarned from taking law into their hands.

With that direction, the habeas corpus petition is allowed.