Back
2025 Supreme(Raj) 98
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE SHREE CHANDRASHEKHAR, MR. JUSTICE CHANDRA SHEKHAR SHARMA, JJ
Gora Ram - Appellant
Versus
THE State of Rajasthan - Respondent
HC / 53 / 2025
Decided On : 06-03-2025
Advocate Appeared:
Mr. Sravan Sainne, Advocate; Mr. Ashutosh Sharma, AAAG; Mr. N.K. Gurjar, AAG; Mr. Swarup Ram, P.S. Jaitpur, District Pali (present-in-person)
The court dismissed the habeas corpus petition due to insufficient evidence supporting the marriage and the allegations of illegal detention.
Headnote:
(A) Marriage Registration Act, 1955 - The petitioner claims to have solemnized marriage with the corpus on 01st January 2025 and produced a marriage certificate from Vedic Samaj Kalyan Samiti. The petitioner alleges illegal detention of his wife by respondent no.5. (Paras 1-4)
(B) Habeas Corpus - The court dismissed the petition, finding the allegations of forceful abduction unbelievable and the marriage certificate suspicious. (Paras 2-4)
(C) The court leaves liberty with the police to verify the genuineness of the documents. (Para 4)
Facts of the case:
The petitioner claims to be the husband of Smt. Sumitra Patel, who he alleges is illegally detained by respondent no.5. He submitted a marriage certificate and photographs to support his claim.
Findings of Court:
The court found the petitioner's claims and documents questionable, particularly the circumstances surrounding the alleged abduction.
Issues: The main issues include the validity of the marriage and the circumstances of the alleged illegal detention.
Ratio Decidendi: The court ruled that the claims presented were not credible enough to warrant the court's intervention, highlighting the necessity for proof of the marriage's legitimacy.
Result: Petition dismissed.
ORDER :
1.This writ petition has been filed by the person who claims that he solemnized marriage with the corpus (hereinafter referred to as ‘X’) on 01st January 2025 and in support thereof he has produced certificate of registration of marriage dated 01st January 2025 of Vedic Samaj Kalyan Samiti (Registered) and some photographs at running page nos.14 to 16 of the paper book. The petitioner has pleaded as under :-
“2. That the petitioner is the husband of Smt. Sumitra Patel who has been illegally detained by respondent no.5 without any reason just to harass and defame the petitioner and his family. A copy of the Aadhar Card of the petitioner is submitted herewith and marked as Annexure-1.
3. That the humble petitioner and detainu (Smt. Sumitra Patel) were performed love marriage on 01.01.2025 at Vedic Samaj Kalyan Samiti, Tehsil Gandhi Ran, Ghajiabad and thereafter marriage was also registered before the Marriage Registrar. A copy of marriage certificate issued by Vedic Samaj Kalyan Samiti, marriage registration Certificate and photograph are submitted herewith and marked as Annexure-2, Annexure-3 and Annexure-4.
4. That humble petitioner live with his wife i.e. detenue peacefully but an MPR was registered at Police Station Jaitpur, District Pali, hence police officer directed to the detenue for her statement and when detenue along with petition come at Police Station Jaitpur, District Pali the respondent no.5 forcefully take her away.
5. That a written representation was submitted by the petitioner before Superintendent of Police about the respondent no.5 enticing Smt. Sumitra and taking her away.”
2. The learned counsel for the petitioner submits that the mother of ‘X’ had forcefully taken away her when she appeared at Jaitpur P.S. for her statement. Whereas the status report dated 06th March 2025 reveals that a complaint was made by the respondent no.5 against the present petitioner alleging that she had enticed or taken away her daughter and kept her in illegal custody. Even as per the statement made by the petitioner in paragraph no.4, the respondent no.5 allegedly forcefully took away ‘X’ from the police station. Such an incident is unbelievable that the mother of ‘X’ has forcefully taken away her daughter in presence of the police at the police station.
3. In fact not even the date when the petitioner allegedly appeared with ‘X’ at the police station has been disclosed and a copy of the representation dated 17th January 2025 is also not on the record. Even the marriage certificate projected to have been issued on 01st January 2025 appears suspicious.
4. Therefore, we are not inclined to entertain D.B. Habeas Corpus Petition No.53 of 2025 which is accordingly dismissed, leaving liberty with the police to examine the genuineness of the documents produced by the petitioner in the present proceeding.
