RAJENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT habeas corpus petition came to be filed by the petitioner -brother of the detenue Vimlesh who as alleged in the instant petition was earlier married to one Jasram and while residing at her parental house with her own left on 13.08.2012 and the petitioner had apprehension that the detenue along with her son was kidnapped & kept in illegal custody by respondent -4 and FIR to this effect was also registered for offence under Sec. 363 & 366 IPC on 19.08.2012 and since no efforts were made by the Investigating Officer, instant habeas corpus petition came to be filed. Reply to the habeas corpus petition was filed and detenue has been produced before the Court today.

(2.) IT is not the case of the petitioner that the detenue is minor. The detenue voluntarily & willingly stated that she is presently residing for last almost more than two years with respondent -4 and even after FIR came to be registered she is residing with respondent -4 with her own will and not under duress. It has been further stated that she is still willing to continue to stay with respondent -4. However, Jasram the so called husband never made any complaint at any point of time in regard to alleged abduction of the detenue, if any.

(3.) THE submission made is wholly without substance for the reason that if she is major and living with respondent -4 with her own free will at least the detenue is not under illegal detention and habeas corpus petition is not maintainable and as regards the submission made, the person affected is always at liberty to take recourse available under the law. The present habeas corpus petition is nothing but clear misuse of the process of law and accordingly stands dismissed. However, the petitioner is at liberty to take recourse available under the law and at the same time it is open for the detenue to stay where -ever she wants.