Madan Lal vs State Of Raj. & Ors on 26 April, 2010

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     D.B. CIVIL HABEAS CORPUS PETITION NO.3786/2010
              (Madan Lal Vs. State of Raj. & Ors.)

              Date of Order    :       26.04.2010
            HON'BLE MR. JUSTICE A.M. KAPADIA
         HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS

Mr. K.C. Choudhary, for the petitioner.
Mr. B.K. Mehar, Govt. Counsel.
Mr. N.K. Bohra, for respondent No.4.

           This   habeas      corpus     petition     has   been
filed by father of the corpus Sangita in which it
is stated that the date of birth of his daughter
Sangita is 4.8.1995 as per her school certificate
Annexure-2, therefore, she is minor and she has
been illegally detained by respondent Nos. 4 and
5.     In the writ petition filed by the petitioner,
notices    were   issued      and   in    pursuance    of   the
notice, the corpus Sangita was produced before us
by the respondent Nos. 4 and 5 on 19.4.2010.                  On
that day, learned counsel for the respondents took
time for the purpose of satisfying that corpus is
major because she is more than 18 years of age.
Further, corpus herself stated before us that she
is major and she does not want to go with her
father and she is willing to go with her husband
because she is legally wedded wife of respondent
No.4 - Ramesh Kumar Bhati.
           According to the certificate produced on
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     record as Annexure-2, the date of birth of corpus
     has been shown as 4.8.2010.                       Therefore, in the
     interest     of    justice,        we    have       sent   the    corpus
     Sangita to the Nari Niketan, Jodhpur on 19.4.2010
     with   the      direction       that    she     shall      be   produced
     before us on the next date of hearing.
                  Today      again,     we      have     ascertained       the
     desire     of     the    corpus        Sangita      repeatedly,       the
     corpus Sangita has stated before us that now she
     is desirous to go with her father, who is present
     today in the Court. It is also stated by corpus
     Sangita    that      she    is    minor     and      the   certificate
     produced by her father Annexure-2 is correct.
                  In this view of the matter, this habeas
     corpus    petition         is    allowed      and    custody     of   the
     corpus Sangita is hereby given to her father who
     is present in the Court because corpus Sangita is
     minor and she is desirous to go with her father.
                  We have also recorded the statement of
     corpus - Sangita separately for ascertaining her
     desire where she wants to go.                   The said statement
     is on record.
                  This habeas corpus petition is allowed in
     above terms.



     (GOPAL KRISHAN VYAS), J.                            (A.M. KAPADIA), J.

arun/-