DHANLAXMI URF SUNITA MATHURIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners had filed a Habeas Corpus petition before the High Court of Rajasthan, alleging that their mother was in unauthorized detention of the private respondents and the police could not trace their mother despite missing reports filed by the petitioners. However, during the pendency of the writ petition, the petitioners' mother returned home and consequently, the High Court vide order dtd. 4/7/2024 dismissed the Habeas Corpus Writ Petition as having become infructuous.

(2.) As per the petitioners, during the course of hearing of the Habeas Corpus petition, the police officials made a statement, asserting that a divorce decree has been passed with respect to the marriage between Petitioner no. 1 and her husband; and that Petitioner no. 1's husband got remarried. Further, petitioner no.1 claims that she requested the High Court, to direct the concerned police officials to furnish a clarification explaining the veracity of such statements. This request was accepted by the High Court, but on the next date of hearing, the Habeas Corpus petition itself was dismissed as being infructuous, since the Petitioners' mother had returned home.

(3.) Thereafter, the petitioners sought review of the order dtd. 4/7/2024 by which the Habeas Corpus petition was disposed of. This review petition was dismissed on 23/7/2024 as no case was made out to recall the previous order. The Petitioners did not stop here. In August 2024, they filed a miscellaneous application before the High Court praying that the previous orders dtd. 4/7/2024 and 23/7/2024, should be looked into and an explanation must be sought from the police authorities, clarifying the basis on which they made statements regarding the divorce of petitioner no. 1. This miscellaneous application has been dismissed vide the impugned order. Now, before us, the petitioner no.1 is alleging that she was humiliated in open court during the hearing of the Habeas Corpus petition and the High Court ought to have sought an explanation from the concerned police officials as stated above.