KARAN PURI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This habeas corpus petition was filed by father of two girls on 27.3.2006. Thereafter, notices were issued to search out the corpus and to produce before the Court. Since, last five years, this petition is pending. Today, Government counsel along with Mr. Pahad Singh, Dy. Superintendent of Police, Jaisalmer has produced both the corpus namely Smt. Suaa and Ms. Kaushalya before us. The petitioner, father of two corpus, has identified his daughters.

(2.) We have recorded statement of Smt. Suaa. In her statement, it is stated by her that she is living with her husband Raju Puri as duly wedded wife from last five years, so also, gave birth to a daughter and she is residing with her husband Raju Puri with her desire. We have ascertained her will also where she wants to go. In the statement recorded before the Court, it is stated by her that she is major of 25 years, which is also not disputed by learned counsel appearing for the petitioner and stated that she is desirous to go with her husband Raju Puri. In this view of the matter, it appears that corpus Smt. Suaa is not in illegal detention of Raju Puri, therefore, she is free to go with Raju Puri as per her desire.

(3.) At this juncture, corpus Smt. Suaa made a request that her husband Raju Puri has been arrested and he is in judicial custody in connection with FIR filed by Mohan Puri. Therefore, she is apprehending that her alleged ex-husband or other members of her community can disturb her peace, therefore, till release of her husband Raju Puri from the custody, she may be permitted to live in the Nari Niketan, Jodhpur along with her daughter.