HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Habeas Corpus Petition No. 103/2026 Dharmraj Saini S/o Chhota Ram, Aged About 28 Years, Resident Of Mokalpur, Merta City, Nagaur , Rajasthan.

----Petitioner Versus

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

2. The Commissioner Of Police, Police Commissionarete, Jodhpur.

3. The Superintendent Of Police, Nagaur.

4. The Station House Officer Of Police Station, Borunda, District Jodhpur.

5. Sattu S/o Ghevar Ji Gehlot, Resident Of 549, Near Pipli Borunda, Jodhpur.

----Respondents For Petitioner(s) : Mr. Shaitan Singh Badguzer Mr. Tej Singh For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG Mr. Abdul Kadir Ms. Sukhi, ASI, P.S. Borunda, District Jodhpur.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA

Order

16/03/2026

1. Heard learned counsel for the parties.

2. The habeas corpus petition has been filed by the petitioner, who claims to be the husband of the corpus Mst.‘S’. It is stated in the petition that the petitioner has solemnized marriage with the corpus Mst. ‘S’. A marriage certificate of Arya Samaj has also been annexed with the present petition. It has been alleged that the corpus Mst. ‘S’ is in illegal detention of respondent No.5.

corpus Mst. ‘S’ was produced before this Court on 06.03.2023. After deliberations with the corpus Mst. ‘S’, the Court found that the corpus Mst. ‘S’ is in confused state of mind, therefore, she was sent to Nari Niketan, Jodhpur. In Nari Niketan, she was counselled by the expert counselor and a report to that effect has been produced before us.

4. Today the corpus Mst. ‘S’ has been produced before us. We have conferred with the corpus. She has stated before us that she is 19 years of age and has studied up to 12^th standard, who understands her well being quite well. She further states that she has solemnized marriage with the present petitioner and is desirous of going with him only. Further, she stated that she will go to her parental house only if her parents i.e. Respondent No.5 and her mother assure that they will send her with the petitioner after following the rituals. The Respondent No. 5 and mother of the corpus Mst.‘S’, present in the court stated before us that after completion of certain rituals, they will send the corpus Mst.‘S’ with the petitioner.

5. In view of the statements made before us, we are of the view that the corpus Mst.‘S’ is not in the illegal detention of respondent No. 5 and, therefore, it cannot be said that she has wrongly been detained by respondent No.5. Thus, the present habeas corpus petition is disposed of with a direction that the corpus Mst.‘S’ may continue to live with her parents and respondent No.5 and her mother will send her with the present petitioner, after following the customs and rituals prevailing in their society.

6. The amount of Rs. 25,000/- deposited by the petitioner in to be refunded to the petitioner.

(CHANDRA SHEKHAR SHARMA),J (VINIT KUMAR MATHUR),J

5-nitin/-