MUNNI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal miscellaneous petition is directed against Order dt. 05.08.2010 passed by the Sub Divisional Magistrate, Ladnun, whereby the petitioner is directed to be housed at Nari Niketan, Ajmer keeping in view her own interest and safety.

(2.) The relevant facts in nutshell are that the petitioner entered into marriage with Shri Prahlad Ram of village Sandila, tehsil Jayal, District Nagaur on 26.03.2002. Out of the wedlock, a child Kamal Kishore was born on 16.07.2003. It is stated the harassment by the in-laws resulted in strained relationship between the petitioner and her husband Prahlad Ram and therefore, the petitioner along with her minor child left the matrimonial home and started residing with one Shri Hari Ram at Jaipur. It is stated that the minor child Kamal Kishore is presently studying in S.P. School at Jaipur.

(3.) The brother of the petitioner lodged a missing report at Police Station, Jaswantgarh, In these circumstances, the petitioner voluntarily appeared before the SPIO, Police Station, Jaswantgarh, who recorded her statement and produced her before the Sub Divisional Magistrate, Ladnun and made an application for appropriate orders. The petitioner was examined on oath by the S.D.M., Ladnun. She deposed before the S.D.M. in unequivocal terms that she had left her matrimonial home voluntarily and she has started living with Hari Ram at Jaipur. It is stated that the child has been admitted in S.P. School at Jaipur. She further stated that she does not intend to go to her parents or in-laws house. It was stated that she has already filed a divorce petition before the Court at Sujangarh.