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RAJASTHAN HIGH COURT
Arun Bhansali, Anoop Kumar Dhand, JJ.
Omprakash - Appellant
Versus
State of Rajasthan & Ors. - Respondents
Habeas Corpus Petition No. 284 of 2021
Decided On : 26-10-2021
HABEAS CORPUS - CUSTODIAL RIGHTS - The court addressed a writ petition for habeas corpus concerning the alleged detention of a major individual. The court found that the alleged detenue voluntarily left her home, married, and was living with her spouse of her own accord, leading to the dismissal of the petition as no unlawful detention was established.
Fact of the Case:
The petitioner filed a habeas corpus writ seeking the production of his daughter, Mst. ?S?. During the investigation, it was revealed that she had voluntarily left home, married Vishal Deep, and was living with him.
Finding of the Court:
The court reviewed the statement of the alleged detenue, confirming her voluntary actions and decision to marry, concluding that she was not in detention.
Issues: Whether the alleged detenue was unlawfully detained and whether the habeas corpus petition should be granted.
Ratio Decidendi: The court determined that since the alleged detenue was a major and had acted of her own free will, there was no basis for the claim of unlawful detention.
Result: The petition was dismissed as the court found no evidence of unlawful detention.
JUDGMENT
1. This writ petition in the nature of habeas corpus has been filed by the petitioner seeking production of his daughter Mst. ?S?.
2. Pursuant to the order dated 28.9.2021, learned GA has produced the factual report inter alia indicating that during course of investigation the alleged detenue Ms. ?S? alongwith one Vishal Deep appeared at the police station inter alia indicating that they have contacted marriage on 27.9.2021 and produced material in this regard. Statement of the alleged detenue was also recorded, which forms part of the case diary, which has been produced for perusal of the Court.
3. We have gone through the statement of the alleged detenue, wherein, she categorically indicated that she left her home on her own, travelled from Mathaniya to Jodhpur and from Jodhpur to Ajmer on her own and from Ajmer, she alongwith Vishal Deep went to Delhi and there they got marriage registered and then returned back to Ajmer, where they were living together. It was further indicated that she is living with Vishal Deep as per her own will and is not in alleged detention.
4. In view of the above fact situation, we are satisfied that no further proceedings need to be taken in the matter as the detenue admittedly is a major.
5. Consequently, the petition is dismissed.
A major individual has the right to make personal choices regarding marriage and living arrangements without being subject to claims of unlawful detention.
Detention order – Detentue intends to live with her husband, who is the 6th respondent herein. That being the position, the question of issuing a writ as sought for by the writ petitioner would not a....
The wishes of an individual who has reached the age of majority are paramount in determining the legality of their detention and residence.
The autonomy and consent of a major individual in matters of marriage and living arrangements should be respected.
A major individual has the right to choose their residence, and such wishes must be respected by the court.
The central legal point established in the judgment is the daughter's expression of her own free will in marrying and residing in Maharashtra with her husband, which influenced the court's decision t....
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