HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Habeas Corpus Petition No. 70/2026 Rajveer S/o Ramkaran, Aged About 43 Years, R/o Chand Kothi, Tehsil- Rajgarh, P.s. Hamirwas, District Churu (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Home Affairs, Govt. Of Rajasthan, Jaipur.

2. The Superintendent Of Police, District Churu (Raj.).

3. The Station House Officer, Police Station Hamirwas, District Churu (Raj.).

4. Deepak Swami S/o Gopal Swami, R/o Thirpali Chota, District- Churu (Raj.).

5. Madhu W/o Data Ram, R/o Khariyabas, District- Churu (Raj.).

6. Dataram Swami S/o Gopal Swami, R/o Khariyabas, District- Churu (Raj.).

7. Sandeep S/o Surendra Meghwal, R/o Thirpali Chota, District- Churu (Raj.).

8. Ankit S/o Banwari Jat, R/o Deengli, District- Churu (Raj.). 9. Manjeet S/o Banwari Jat, R/o Deengli, District- Churu (Raj.).

----Respondents For Petitioner(s) : Mr. Kanhaiya Lal Chauhan For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG Mr. Mahendra Singh, ASI and Ms. Anuradha, P.S. Hamirvas, Churu, present in person Mr. Raghu Raj Sharma Mr. Prakash Vishnoi HON'BLE MR. JUSTICE ARUN MONGA HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Order(Oral)

19/02/2026 Per : Arun Monga, J

1. The petitioner is the father of the alleged detenue and has filed the present writ petition seeking issuance of a writ in the nature of habeas corpus and/or any other appropriate order or direction, commanding the official respondents to produce his daughter before this Court, on the allegation that she is being kept in illegal confinement either at the instance of, or in the custody of, private respondent Nos. 4 to 9.

2. Pursuant to notice issued by this Court the alleged detenue aged 18 years is present in the Court and upon interaction with her, it transpires that she is a major and has married respondent No.4 on her own volition.

3. Both the alleged detenue and respondent No. 4 are adults, fully competent to take their own decisions and entitled to choose their life partners in accordance with their free will. It appears that the matter arises out of a family dispute, as the alleged detenue seems to have contracted marriage against the wishes of her family members, including her father, who is the petitioner herein. In such circumstances, this is not a case of illegal confinement, and therefore, no proceedings for issuance of a writ of habeas corpus are warranted before this Court.

4. In course of hearing a report dated 17.02.2026 has also been tendered in course of hearing which is taken on record.

English translation thereof reads as under:-

“Based on the written and oral evidence received from the witnesses and the documents on record, and upon complete investigation in the MPR, it has been found that according to the police-based MPR inquiry, the facts of the case are as follows:

Kumari Payal, daughter of Rajveer, caste Meghwal, aged 18 years and 12 days (18.01.2008), resident of Chandgothi, Police Station Hamirwas, District Churu, is a resident of the said village. Kumari Payal is a student. She previously studied at Government Senior Secondary School, Chandgothi. In the same school, Deepak Kumar, son of Gopaldas Swami, resident of Thirpali Chhoti, Police Station Hamirwas, also studied. During this time, both became acquainted with each other and started talking to each other over the phone.

On 22.01.2026, Kumari Payal left her house without informing her parents and family members and called Deepak Kumar to the bus stand of her village. From there, both went together to Delhi. On 23.01.2026, they got married of their own free will at an Arya Samaj Temple in Delhi and started living together as husband and wife.

Kumari Payal was recovered and counseling was conducted in the presence of her family members. Kumari Payal clearly refused to go with her parents and stated that she wished to go with her husband, Deepak Kumar, son of Gopaldas, caste Swami, aged 24 years, resident of Thirpali Chhoti, Police Station Hamirwas, Dis