High CourtsDivision Bench(2018) 06 RAJ CK 0021

Santosh Meena @APPELLANT@Hash State of Rajasthan & Ors.

Rajasthan High Court · Decided on 5 June 2018

HON’BLE JUDGES
MOHAMMAD RAFIQ, J · PANKAJ BHANDARI, J
RESULT
Disposed Off
CASE NUMBER
Habeas Corpus Petition No. 11 of 2018

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Judgment

18 paragraphs · 356 words

This habeas corpus petition has been filed by Santosh Meena alleging that her minor daughter-Kavita Meena has been kidnapped by respondent no.4-

Hansraj. She has lodged FIR being no.09/2018 for offence u/s.363 IPC with Police Station Harmada, Jaipur. It is prayed that the respondents be

directed to produce her daughter before this Court and a direction be given to handover the kidnapped minor daughter to the petitioner.

It is contended by the petitioner in the petition that as per Kavita’s report card of academic session 2013-2014 issued by Government Senior

Secondary School, Ninder, her date of birth is 22nd November, 2000 and therefore she is minor. Petitioner’s minor daughter Kavita was engaged

to Hansraj-respondent no.4, but since his family was demanding dowry, petitioner decided to break off the marriage as she being labour class, was

unable to meet such demand.

Shri Chandrapal Singh, S.I. Police Station Harmada, Jaipur produced Kavita Meena before this Court on 25th May, 2018. He was directed to obtain

admission form and other records of school where Kavita Meena was first admitted to examine as to when such admission form was submitted and

what was the date of birth declared therein. In the meantime, Kavita Meena was kept in Balika Sadan, Jaipur. He has today produced the scholar

register as also the admission form of Kavita Meena filled in by her father Mohan Lal Meena on 8th July, 2005 in which 15th May, 2000 has been

indicated as her date of birth. Shri Chandrapal Singh, S.I. has also produced the birth certificate of Kavita Meena obtained from Registrar, Birth-

Death Registration, Jaipur Nagar Nigam, Jaipur in which also her date of birth is recorded as 15th May, 2000. Copies of aforesaid documents are

taken on record.

According to the above documents, Kavita Meena is major. On enquiry from her, who is present in person, she has expressed that she is not willing to

go to her mother, but in view of her age, we do not pass any specific order except observing that she being major, is free to go wherever she wants to

go.

The habeas corpus petition is disposed off.