High CourtsDivision Bench(2024) 03 RAJ CK 0028

Salim vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 5 March 2024

HON’BLE JUDGES
Dinesh Mehta, J · Yogendra Kumar Purohit, J
RESULT
Disposed Of
CASE NUMBER
Habeas Corpus Petition No. 60 Of 2024

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Judgment

9 paragraphs · 189 words
1.

The corpus has been produced before us by the Police.

2.

It is informed by Mr. Anil Joshi, learned Government Advocate cum Additional Advocate General that the corpus has been brought to the Court from her parents’ house.

3.

We interacted with the corpus and her mother. Corpus (aged 27 years) expressed her desire to live with the petitioner – Salim.

4.

The Investigating Officer present in the Court informs that the corpus was recovered in Mandore, Jodhpur when she was with the petitioner, whereafter, she was handed over to her parents.

5.

In view of the above facts, we are of the view that the corpus is not in illegal custody of respondent No.5, since she is his legally wedded wife.

6.

Be that as it may.

7.

Since the corpus is major, she is free to go as per her own wishes.

8.

The present petition is disposed of accordingly

9.

The demand draft/Bankers Cheque of ₹25,000/- deposited by learned counsel for the petitioner pursuant to the directions given by the Court on 16.02.2024 be returned to the petitioner or to learned counsel for the petitioner.