IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH AT JAIPUR JUDGMENT S.B. Criminal Misc. Petition No.266/2011 (Smt. Kamla Vs. State of Rajasthan & Anr.) Date of Order :- March 22, 2011 PRESENT HON'BLE MR. JUSTICE R.S. CHAUHAN Mr.Vinod Kumar Sharma, for the petitioner. Mr.Laxman Meena, Public Prosecutor. Mr.S.K. Singodiya, for respondent No.2. BY THE COURT :
Aggrieved by the order dated 09.11.2010, passed by the Additional Sessions Judge, Bandikui, District Dausa, whereby the learned Judge has directed that Smt. Hemlata be sent to Nari Niketan and has refused to give her custody to the petitioner, the petitioner has approached this Court.
Vide order dated 16th March, 2011, this Court had directed the SHO, Police Station Bandikui, District Dausa, to produce Smt. Hemlata before this Court. Consequently, Mr. Tejraj Singh, the SHO, Police Station Bandikui, District Dausa, has produced Smt. Hemlata before this Court this morning. This Court had directed the Deputy Registrar (Judicial) to record her statement. The same has been recorded and submitted before this Court. The statement shall form part of the judicial record.
In her statement, Smt. Hemlata has clearly stated that she is about nineteen years old. According to her, initially she was married, as a child, to one Gopal. However, she did not like him. As according to her, he is used to drinking. Moreover, he kept on threatening her that in case she were not to come to the matrimonial home, he would have her picked up. She has further stated that about two to three years ago, she met Vijendra, the petitioner’s son. They started to like each other. On 15th April, 2010, she went with Vijender of her own volition. According to her, they were married in Arya Samaj at Jaipur. After her marriage, she went to Garh Mandawar. Wherefrom, she was picked up by the police. Lastly, although she does not wish to pursue any criminal case against Vijendra, but she does not wish to live with him either. Instead, she wishes to go with her parents and she wants to stay only with them.
Considering the fact that Smt. Hemlata is major, considering her statement, recorded by the Deputy Registrar (Judicial), this Court is not inclined to give her custody to the petitioner.
Since Smt. Hemlata wants to go only with her parents, who are present in the Court, this Court permits her to go with her parents.
With these observations, this petition is, hereby, dismissed.
(R.S.CHAUHAN)J.
Manoj Solanki-