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Judgment
The corpus Mst. “R” has been produced before us by Shri Hari Singh Nathawat, SI, Police Station Pratap Nagar, District Jodhpur and Ms. Roshan Ara, Lady Constable, Belt No. 1287, Police Station Pratap Nagar, District Jodhpur.
We conferred with her “in camera”. With full confidence at her command, she stated that she had contracted marriage with the petitioner but after some time of marriage, the petitioner has left her and thereafter, the petitioner has again taken away her for some days and thereafter again left her; she further stated that now she does not want to live with the present petitioner.
On the other hand, learned Government Advocate-cum-Additional Advocate General Shri Farzand Ali stated that one another petition was filed by the same petitioner, being registered as D.B. Haheab Corpus (Writ) Petition No. 78/2020 and the same was rejected by this Court on 23.07.2020. Copy of that order is annexed with the present habeas corpus petition as Annexure-4. Learned GA-cum-AAG stated that the corpus “R” is initially wife of the respondent No.5 (Sarif Khan).
The corpus is a very sincere girl. She stated that she is now desirous of going and living at her father’s house. She also expressed that she does not want to go and live with the present petitioner. In this background, the petitioner shall be at liberty to take recourse of suitable remedy for redressal of his grievances.
In the facts and circumstances of this case, as per desire of the corpus, out of total cost of Rs.25,000/-, a part of the cost, i.e., Rs.5,000/- shall be deposited in the name of her mother, namely, Smt. Salma W/o Akbar Khan in Account No. 059210100054512, Andhra Bank, Chopasni Road, Near New Kohinoor Cinema, Jodhpur. Remaining cost deposited by the petitioner shall be appropriated in the funds of Rajasthan State Legal Services Authority, Jodhpur.
The corpus “R” shall be set at liberty to proceed at her own will.
With the above observations, the instant habeas corpus petition is dismissed. Rule is discharged.