Miss Rekha Devi @APPELLANT@Hash State of Rajasthan & Ors.

The present writ petition has been filed by Miss Rekha Devi, minor through her natural guardian â€" mother Smt. Samdu Devi.

The prayer in the petition is to get the pregnancy of the petitioner terminated as per the statutory provisions in vogue failing which the petitioner may

be compensated by paying a sum of Rs.50,00,000/- (Rupees Fifty Lacs) from the respondents for the welfare of herself and for care of her ward.

The facts, in short, are that an F.I.R. No.112/2017 was lodged by the father of the petitioner Shri Shivlal under Sections 363, 366 of IPC at Police

Station Sojat Road, District Pali. At the same time, a Habeas Corpus Petition No.36/2018 (Shivlal Vs. State of Rajasthan & Ors) was also preferred

by father of the petitioner before this Court in which following orders were passed on 19/04/2018, 01/05/2018 &Â 07/05/2018:-

On 19/04/2018 :-

“This petition has been filed by the petitioner for release of his minor daughter alleged to have been in illegal detention of respondent No.4. The girl

is produced before us.

We have interviewed the corpus in camera as also in the presence of the petitioner and learned counsel for the parties. It is stated by the corpus that

she was staying with the respondent No.4. She has declined to go with her father Shivlal.

Thus, on the facts and in the circumstances of the case, when the corpus was staying with the respondent No.4 for last six months, the possibility of

her being under his influence cannot be ruled out. We are therefore, of the opinion that the corpus must be given some time to collect her composure.

Accordingly, we direct that the corpus be kept at Balika Grah, Jodhpur till further orders.

List the matter on 1.5.18. The corpus shall be produced before us on that dateâ€​.

On 01/05/2018 :

“The corpus staying at Balika Grah, Jodhpur, pursuant to the order dated 19.4.18 passed by this Court is produced before us.

We have conferred with corpus in Chamber in presence of her father, Shiv Lal, the petitioner herein and the counsels for the parties.

The corpus has declined to go with her father. She has stated that she has entered into marriage with respondent no.4-Gopal. As per averments made

in the petition, the date of birth of corpus is 10.10.03, which is supported by the mark-sheet of the Secondary Examination, 2017, issued by the Board

of Secondary Education, Rajasthan, a photstat copy whereof is placed on record by the petitioner today by way of an additional affidavit.

It is stated by the corpus that her date of birth as mentioned in the mark-sheet is not correct date of birth and as a matter of fact, she has already

attained the age of 18 years.

It is noticed that as per the Aadhar Card, a photstat copy whereof is available on the police record, date of birth of the corpus is 1.1.01.

Keeping in view the discrepancy regarding the age of the corpus, we consider it appropriate to constitute a Medical Board for determination of actual

age of the corpus.

Accordingly, the Principal, Dr. S.N. Medical College, Jodhpur, is directed to constitute the Medical Board to ascertain the correct age of the corpus

Ms Rekha. The report may be submitted before this Court before the next date of hearing.

List the matter on 7.5.18.

In the meantime, the corpus shall continue to stay at Balika Grah, Jodhpurâ€​.

On 07/05/2017 :

“Vide order dated 1.5.18, the directions were issued by this Court to the Principal, Dr. S.N. Medical College, Jodhpur to constitute a Medical

Board to ascertain correct age of the corpus.

The report of the Medical Board and the Radiologist are produced by learned Government Advocate for perusal of this Court. The Medical Board has

opined that information regarding age of the corpus shall given after examination of the Radiologist and as per the report of the Radiologist, the age of

the corpus is found to be 15-17 years.

Learned Government Advocate may place the photostat copies of the reports of the Medical Board and the Radiologist on record.

List the matter on 14.5.18, as prayed.

In the meantime, the corpus shall continue to stay at Balika Grah, Jodhpurâ€​.

Lastly the petition was disposed of on 14/05/2018 in the following terms :-

“This petition seeking writ of habeas corpus is filed by the petitioner Shiv Lal for release of his minor daughter, alleged to be in illegal detention of

respondents no.4 to 6 herein.

The corpus was produced before us on 19.4.18. On being interviewed, the corpus stated that she was staying with the respondent no.4 herein. She

declined to go with her father Shiv Lal. Taking into consideration the fact that the corpus was staying with the respondent no.4 for last six months and

there was possibility of her being under his influence, the corpus was directed to be kept at Balika Grah, Jodhpur till further orders.

On 1.5.18, the corpus staying at Balika Grah, Jodhpur pursuant to the order dated 19.4.18 passed by this court as aforesaid, was again produced

before us.

We conferred with the corpus in Chamber in presence of her father Shiv Lal, the petitioner herein and the counsel for the parties. The corpus again

declined to go with her father. She stated that she had entered into marriage with respondent no.4-Gopal. However, as per the mark sheet of the

Secondary Examination of the corpus produced before us, the date of birth of corpus is 10.10.03 and accordingly, she is below 15 years of age.

However, the corpus stated that her date of birth mentioned in the mark sheet is not correct and she has already attained the age of majority.

Keeping in view the discrepancy regarding the age of the corpus, we directed Principal, S.N. Medical College, Jodhpur to constitute a Medical Board

for determination of the actual age of the corpus.

As per the Medical Report produced before us, the corpus is 15 to 17 years of age. Further, she is carrying pregnancy for more than 15 weeks.

Today, the corpus is produced before us. We have again conferred with the corpus in presence of her father. The corpus has stated in unequivocal

terms that she is ready to go with her father but, he should not insist upon her to enter into marriage with anybody else and further, she should not be

compelled to terminate the pregnancy.

The petitioner has filed an affidavit before this court stating that he will maintain her daughter in proper manner and she will be permitted to enter into

marriage as per her own desire on attaining the age of majority and further that she shall not be compelled to terminate the pregnancy.

In view of the affidavit filed by the petitioner as aforesaid, the corpus has expressed her desire before this court go with her father.

Accordingly, the custody of the corpus, the minor daughter of the petitioner, is handed over to the petitioner.

The petition stands disposed of accordingly. However, it is made clear that disposal of this petition shall not preclude the police from proceeding

with the investigation of the crime if any committed.â€​

It also appears from the record that father of the petitioner Shiv Lal has filed an undertaking by way of an affidavit before the Division Bench of this

Court to the effect that he will not force the petitioner to marry till she becomes major and he will not get the pregnancy of the petitioner

terminated.

In these circumstances, filing of this petition by the petitioner through her mother is nothing but to sabotage the undertaking so filed by her father

before the Division Bench and also the orders passed by the Division Bench of this Court.

In view of the fact that present petition is the offshoot of the earlier Habeas Corpus Petition and this petition is filed for the relief which is contrary to

the undertaking filed by the father Shri Shivlal before the Division Bench and the orders passed by the Division Bench of this Court in D.B. Habeas

Corpus Petition No.36 of 2018, in these circumstances, I consider it appropriate to refer/place the present matter before the Division Bench of this

Court.Â

I also deem it appropriate to direct the learned Additional Advocate General to place on record the latest factual report of the investigation conducted

by the police so far in the F.I.R. No. 112/2017 registered at Police Station Sojat Road.

The Medical Report in the sealed cover, which has already been placed on record, shall be considered at the time of hearing.

Taking into account the urgency involved in the matter and the fact that the petitioner is having a pregnancy of more than 17 weeks, I deem it

appropriate to direct the Deputy Registrar (Judicial) of this Court to place the matter before the Division

Bench of this Court shortly along with the record of D.B. Habeas Corpus Petition No. 36 of 2018 decided on 14/05/2018 after seeking necessary

appropriate orders from Hon’ble the Chief Justice.Â