Suresh Gurjar vs State Of Rajasthan And Others

This petition has been filed in the nature of habeas corpus with the allegations that his wife Ms. ‘P’ is in illegal detention of respondent No.5.

A copy of the petition was ordered to be served on learned AAG, who has filed a factual report, inter-alia, indicting that the corpus in her statements under Section 161 Cr.P.C. as well as Section 164 Cr.P.C., has made serious allegations against the petitioner, leading to the purported marriage between them and that she has clearly indicated her wishes to be with her parents.

Learned counsel for the petitioner made submissions that the statements have been recorded under pressure of the family members and therefore, the corpus be ordered to be produced before this Court.

Having gone through the statements and looking to the fact that the corpus is a major of age 22 years, a student of B.A. Final year, who has recorded her statements under Sections 161 & 164 Cr.P.C., we are not inclined to come to a conclusion that the corpus is in wrongful detention of the respondent No.5 - her father, as alleged.

In so far as a plea raised pertaining to the marriage having been performed between the parties, the petitioner would be free to take appropriate proceedings in accordance with law.

In view of the above, the petition stands dismissed.