HIGH COURT of JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Habeas Corpus Petition No. 41/2021

Babu Khan S/o Jeevan Khan, age 31 Years, R/o Sindhi Nagar,

Kaparda, Tehsil Bilara, District Jodhpur.

----Petitioner

Versus

1.

State of Rajasthan through the Commissioner of Police,

Jodhpur.

2.

The Station House Officer, Police Station Pratap Nagar,

Jodhpur.

3.

Mohd. Zahur S/o Gafoor Khan, R/o Bapu Colony, Opposite

New Kohioor, Chopasani Road, Jodhpur.

----Respondents

For Petitioner(s)

:

Mr. Sikandar Khan and

Mr. Shubham Chouhan.

For Respondent(s)

:

Mr. Farzand Ali, GA-cum-AAG.

Mr. Hari Singh, S.I.

Police Station- Pratapnagar, Jodhpur.

Ms. Mink, MFC No.920.

HON'BLE MR. JUSTICE SANGEET LODHA

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

15/02/2021

This writ petition is filed by the petitioner seeking directions

to the respondents to produce corpus- Smt. ‘Y’ before this Court.

As per the averments made in the petition, the petitioner

Babu Khan entered into marriage with corpus as per the Islamic

Law in the month of November 2020.

The corpus is produced before us by Mr. Hari Singh, Sub-

Inspector and Ms. Mink, (MFC No.920) of Police Station Pratap

Nagar, Jodhpur.

(2 of 2)

[HC-41/2021]

We have conferred with the corpus in camera as also in the

presence of her parents and the counsel appearing for the parties.

The corpus has stated in unequivocal terms that she does

not want to stay with her parents and wants to go with the

petitioner herein.

The corpus being sui juris is at liberty to go wherever she

wants to go.

Accordingly, the corpus Smt. “Y” is set at liberty to go

wherever she wants to go.

The petition seeking writ of habeas corpus stands disposed of

accordingly.

(DEVENDRA KACHHAWAHA),J

(SANGEET LODHA),J

37-DJ/-