High CourtsDivision Bench

Om Prakash vs State Of Rajasthan

Rajasthan High Court · Decided on 13 May 2021 · Citation: (2021) 05 RAJ CK 0026

HON’BLE JUDGES
Sandeep Mehta, J · Devendra Kachhawaha, J
CASE NUMBER
Habeas Corpus Petition No. 113 Of 2021
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Judgment

11 paragraphs · 231 words

The corpus Mst. ‘P’ has been produced in the court by the respondent No.4 Moola Ram. The petitioner is the brother of the corpus. He has

alleged that his sister, the corpus Mst. ‘P’ is minor, with her date of birth having been recorded in the school documents as 09.05.2005.

We conferred with the corpus ‘in camera’. She insists that the date of birth recorded in the school documents is incorrect and as a matter of

fact, she is major as on date and has married the respondent No.4 Moola Ram of her own free will and volition. She is not ready to go with the

present petitioner or to the house of her parents.

In view of these facts, we hereby direct that the corpus shall be forthwith taken to and lodged at the Quarantine Center, Balika Gruh, Jodhpur. The

Child Welfare Committee, Jodhpur shall conduct enquiry regarding the age of the corpus as per the provisions of the Juvenile Justice (Care and

Protection of Children) Act and the rules. The Investigating Officer may conduct investigation from the corpus. She shall not be allowed to meet the

respondent No.4. However, her mother shall be allowed to meet her at the Balika Gruh as per rules. The corpus shall be brought back to this court on

the next date of hearing with the enquiry report regarding her age.

List on 27.05.2021.