HANUMAN TANK Vs. STATE (HOME DEPARTMENT)ORS

JUDGEMENT

(1.) Instant Habeas Corpus Petition has been filed by father of the alleged detenue Swati, who, as per his own statement, is 23 years old and the allegation is that she has been illegally abducted by the respondent No.8 Anil Kumar Tailor, who happens to be an Advocate by profession and is also in close relation with the petitioner and despite the FIR No.218/2014 registered at Police Station Kotwali, Jaipur at the instance of the petitioner, when no action was taken by the Investigating Officer that compelled the petitioner to approach this court by filing of the instant habeas corpus petition.

(2.) After the notices of the present petition came to be served, reply has been filed by the respondent No.8 and it is averred that his marriage was earlier solemnized with Harshlata D/o Munna Lal Thada on 11.05.2003 and two children were born out of this wedlock, however, since they were having strain relations, his Ex-Wife Harshlata filed an application No.458/2013 before the ld.Family Court No.2, Jaipur Metropolitan u/S.13(1)(ia)(ib) of the Hindu Marriage Act seeking divorce but after her statement came to be recorded on 0409.2013, the ld.Family Court rejected her application seeking divorce vide order dt.20.09.2013 for the reason that pre-conditions have not been complied with by her. However, after rejection of her application seeking divorce u/S.13(1)(ia)(ib) of the Act vide order dt.20.09.2013, a joint application came to be filed by the respondent No.8 Anil Kumar Tailor along with his Ex-Wife Harshlata D/o Munna Lal Thada u/S.13-B of the Act seeking decree of divorce by mutual consent which was granted by the ld.Family Court vide order dt.03.04.2014 and thereafter, respondent No.8 Anil Kumar Tailor solemnized marriage with the alleged detenue Swati on 24.04.2014 and their marriage has also been registered by the Municipal Corporation, Ajmer and the marriage certificate issued to them dt.24.04.2014 is on record as Ann.8/1.

(3.) Counsel for petitioner submits that the decree of divorce which has been obtained by the respondent No.8 by mutual consent u/S.13-B of the Act appears to be by misrepresentation/fraud and as regards present marriage with alleged detenue Swati is concerned, they have already filed a criminal complaint in regard to the certificate, issued by the Arya Samaj acknowledging their marriage and the basis for issuance of marriage registration certificate dt.24.04.2014 and for obtaining the certificate by fraud investigation is pending and further submits that from the narration of facts which has come on record and relation of the respondent No.8, who happens to be brother-in-law (saadhu) of the present petitioner and solemnizing marriage with the daughter of his brother-in-law (saadhu) as alleged, is legally not permissible in law and this is a case where this court can certainly drawn inference that even if the detenue has attained the age of majority, she has been illegally abducted by the respondent No.8.