HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Habeas Corpus Petition No. 269/2019

Shikha Rathore W/o Shri Dileep Singh Rathore D/o Shri Vinod

Kumar Sabu, R/o Om Enclave, Plot No. A-105/b, Janta Colony,

Jaipur (Rajasthan)

----Petitioner

Versus

1.

The State Of Rajasthan, Through Principal Secretary,

Home Department, Government Of Rajasthan,

Secretariat, Jaipur.

2.

Shri Dileep Singh Rathore S/o Late Brijendra Singh

Rathore, R/o F31/a, Kaledas Marg, Bani Park, Jaipur

(Rajasthan)

3.

The Commissioner Of Police, Jaipur Metropolitan, Jaipur.

4.

S.h.o. Police Station Bani Park, Jaipur.

----Respondents

For Petitioner(s)

:

Mr. Suresh Sahni with

Mr. R.M. Sharma

Shikha Rathore, petitioner present in

person

Master Purab Singh Rathore, present

in person

For Respondent(s)

:

Ms. Rekha Madnani,

Additional Government Advocate

For Respondent No.2

:

Mr. Syed Shahid Hasan

Mr. Dileep Singh Rathore, respondent

No.2 present in person

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE MOHAMMAD RAFIQ

Order

REPORTABLE

01/11/2019

1.

This matter was taken up in pre-lunch session when

minor child Purab Singh Rathore was not present in the Court but

his father respondent No.2 Dileep Singh Rathore was present, who

was directed to produce the minor child at 02.00 PM.

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[HC-269/2019]

2.

Both appellant-mother Shikha Rathore and respondent-

father Dileep Singh Rathore are present in Court. Master Purab

Singh Rathore is also present in Court.

3.

This habeas corpus petition has been filed by Shikha

Rathore inter alia with the prayer that respondent No.3, the

Commissioner of Police, Jaipur Metropolitan, Jaipur and

respondent No.4, SHO, Police Station Bank Park, Jaipur be

directed to produce corpus, namely Purab Singh Rathore, aged 13

years before this Court and due and deserving justice may also be

imparted to her in terms of the law.

4.

As per the averments made in the habeas corpus

petition, the petitioner married the respondent No.2 on

22.03.2006 as per Hindu Customs and Rites. A male child was

born out of this wedlock, namely Purab Singh Rathore, on

27.05.2007. The petitioner alleged that ever since marriage she

was regularly teased and tortured by her husband not only post-

marriage but after the birth of child also for insufficient dowry. The

husband-respondent No.2 has no love and affection either for the

petitioner or for his minor son, who is presently studying in Class-

VII as resident student in Nimawat Public School, Fatehpur

Shekhawati, District Sikar. A photocopy of the mark-sheet of

Class-VI of the child has been annexed with the petition as

Annexure-2.

5.

It is further alleged that petitioner has suffered a lot at

the hands of respondent No.2 and when the torture and suffering

became unbearable, the petitioner was constrained to withdraw

from the company of the respondent No.2 on 05.07.2019 against

her wishes and since then she is residing at her parents house at

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[HC-269/2019]

Jaipur. It is further stated that respondent No.2 was not extending

any kind of pecuniary or other support for the study of the minor

child and the petitioner anyhow was managing the entire expenses

by borrowing money from her parents and also pledging her

jewellery with the Muthoot Finance, Jaipur.

6.

Mr. Suresh Sahni, learned counsel appearing for the

petitioner-wife submits that on the eve of Diwali festival, minor

child Purab Singh Rathore was having school holidays from

20.10.2019 to 09.11.2019. The petitioner by road went to the

school to pick up the minor child on 19.10.2019 and brought him

to Jaipur. Since then the child was staying with the petitioner at

her parental house. It is further submitted that on 22.10.2019

when the petitioner along with her minor son, her elder sister,

sister’s daughter and her father had gone to pay obeisance at the

temple Ghat-Ke-Balaji, situated at Galta Road,