HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI,
CHANDRA SHEKHAR SHARMA
MUL SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
HC / 151 / 2026
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Habeas Corpus Petition No. 151/2026 Mul Singh S/o Guman Singh, Aged About 22 Years, R/o Indo Ka Bas, Teshil Aau District Phalodi.
----Petitioner Versus
1. State Of Rajasthan, Through Secretary Department Of Home, Government Of Rajasthan, Jaipur. 2. Superintendent Of Police, Phalodi.
3. Station House Office, Police Station Matoda District Phalodi.
4. Mool Singh Chouhan S/o Dungar Singh, Aged About 45 Years, R/o Indo Ka Bas Teshil Aau District Phalodi.
5. Bhom Singh S/o Gen Singh, Aged About 52 Years, R/o Indo Ka Bas Teshil Aau District Phalodi.
----Respondents For Petitioner(s) : Mr. Narayan Dan For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG Mr. Amana Ram, Sub-Inspector SHO P.S. Matoda, Dist. Phalodi Ms. Manisha Choudhary, Constable P.S. Matoda, Dist. Phalodi Mr. Saurabh Soni for private respondent HON'BLE MR. JUSTICE FARJAND ALI HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
02/04/2026
1. The instant petition has been moved on behalf of petitioner Mul Singh averring that he solemnized marriage with the corpus on 10.03.2026 as per the Hindu rites and rituals. They lived together and establish conjugal relationship.
2. When family members of the corpus came to know about the said marriage, they barged into his house with the aid of police personnel and forcibly took her away with them. He received a phone call on 12.03.2026 of his wife informing him about her abduction and for placing her at an unknown location where she was subjected to manhandling.
3. It is further averred that the petitioner was informed about the corpus that her family members would forcibly marry her with someone else and she expressed her apprehension that she may be killed upon refusing to marry with someone as per the wishes of her parents.
4. This Court issued notices on 25.03.2026 and pursuant to the directions, the corpus is produced by Mr. Amana Ram, SHO along with constable Ms. Manisha Choudhary.
5. We have heard learned counsel for the parties and so also made interaction with the corpus.
6. She is a major girl as per the birth certificate issued by the Government of Rajasthan, Department of Statistics. In an unequivocal and unambiguous terms, she admits the fact of her relationship with the petitioner and marrying with him as per the Hindu rites. She expressed her desire to go with the petitioner, who is present in the Court.
7. Since, the corpus is a major girl and has been kept by her parents against her wish and she wanted to accompany the petitioner, we deem it appropriate to allow this petition with the following directions :-
a. The learned GA-cum-AAG shall make all necessary arrangements to provide a safe passage to her with petitioner Mul Singh and they shall be escorted to a place of their desire.
b. The SHO shall sensitize the parents and other family members of the corpus not to try to force her in any manner. c. The SHO is further directed to ensure that no one should meet the corpus against her wish as including her parents.
8. The petition is thus, disposed of in the above terms.
9. Pursuant to the directions passed by this Court on 25.03.2026, the petitioner had deposited a demand draft of Rs. 25,000/- in the account of the Child Secretariat; the same shall be returned to him.
(CHANDRA SHEKHAR SHARMA),J (FARJAND ALI),J
208-T.Singh, chandani/-
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