Moti Lal vs State Of Rajasthan And Others

This petition in the nature of habeas corpus has been filed by the petitioner inter-alia alleging that he has entered into a marriage agreement with corpus Ms. ‘P’ on 06.04.2023; they were living together pursuant to the said agreement; a missing person report was lodged by the father of the corpus; she was illegally recovered and against her will, her custody was handed over to her father. Based on the said submissions it has been prayed that the corpus be ordered to be produced before the Court and handed over to the petitioner.

On 18.07.2023, following order was passed:-

“1. This petition in the nature of habeas corpus petition has been filed by the petitioner with the allegation that he has entered into a marriage agreement with the corpus Ms. ‘P’ on 06.04.2023 and they were living together pursuant to the said agreement, when on a missing person report lodged by the father of the corpus, she was recovered and it is alleged that against her will, her custody was handed over to her father.

Further submissions have been made that now against the wishes of the corpus, she has been married to someone else and is under wrongful detention and, therefore, the corpus be got produced before the Court and she be released as per her wishes.

A factual report has been produced by the respondent-State inter alia indicating that on missing person report lodged by the father of the corpus, she was recovered and as per her statements, her custody was handed over to her father and the matter was closed. However, on filing of the present habeas corpus petition, the father of the corpus was called, who has indicated that the corpus has been married and she presently is at Hyderabad and her mobile number was handed over to the police wherein the SHO of Police Station Siriyari talked to the corpus, wherein she has indicated that she has married as per her own free will and is not in wrongful detention and she does not have any relation with the petitioner.

Counsel for the petitioner insists that the corpus is in wrongful detention of the respondents and that she still wants to be with the petitioner.

In the circumstances of the case, wherein the corpus is now a married woman and is staying at Hyderabad, and is sought to be produced before the Court, in case the petitioner deposits a demand draft in the sum of Rs.50,000/- in the name of Secretary, Legal Services Authority within a period of ten days and produces a copy before the learned AAG, the respondents are directed to produce the corpus before the Court on the next date.

The demand draft, if produced, shall not be deposited in bank without prior permission of the Court.

List on 10.08.2023.”

Pursuant to the said order, the demand draft, as directed, has not been produced.

Today, none is present for the petitioner in both the rounds.

It appears that, on account of the order passed by this Court on 18.07.2023, only with a view to access the seriousness of the allegations made by the petitioner, in view of the fact that there was huge difference in age between the petitioner and the corpus and that the corpus had since married and was staying at Hyderabad, the petitioner has lost interest in the petition.

The petition is, therefore, dismissed for non-prosecution.