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2019 Supreme(Raj) 1890

INDRAJIT MAHANTY, MOHAMMAD RAFIQ
Shikha Rathore – Appellant
Versus
State of Rajasthan, Through Principal Secretary, Home Department, Government Of Rajasthan, Secretariat, Jaipur – Respondent


Advocates Appeared:
Suresh Sahni, Advocate, R.M. Sharma, Advocate, Shikha Rathore (Present In Person), Advocate, Purab Singh Rathore (Present In Person), Advocate, Rekha Madnani, Advocate, Syed Shahid Hasan, Advocate, Dileep Singh Rathore (Respondent No 2 Present In Person), Advocate

JUDGMENT

1. This matter was taken up in pre-lunch session when minor child Purab Singh Rathore was not present in the Court but his father respondent No.2 Dileep Singh Rathore was present, who was directed to produce the minor child at 02.00 PM.

2. Both appellant-mother Shikha Rathore and respondent-father Dileep Singh Rathore are present in Court. Master Purab Singh Rathore is also present in Court.

3. This habeas corpus petition has been filed by Shikha Rathore inter alia with the prayer that respondent No.3, the Commissioner of Police, Jaipur Metropolitan, Jaipur and respondent No.4, SHO, Police Station Bank Park, Jaipur be directed to produce corpus, namely Purab Singh Rathore, aged 13 years before this Court and due and deserving justice may also be imparted to her in terms of the law.

4. As per the averments made in the habeas corpus petition, the petitioner married the respondent No.2 on 22.03.2006 as per Hindu Customs and Rites. A male child was born out of this wedlock, namely Purab Singh Rathore, on 27.05.2007. The petitioner alleged that ever since marriage she was regularly teased and tortured by her husband not only post-marriage but after the birth of child also for insuf

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