REHMAN KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant misc. petition, the petitioner is seeking direction of this Court to permit him to go abroad Kuwait for earning his livelihood.

(2.) The petitioner has moved an application before learned Magistrate which came to be decided on 4/2/2025. The petitioner was married to one Smt. Farida Bano in the year 2011. Since then, he was doing labouring job in Kuwait. He frequently used to visit the country and to take care of his wife and other family members. Owing to some discord or may be of some acrimony between them, she lodged an FIR No.3682024 on 27/7/2024 for offence under Ss. 498-A, 406, 323, 494, 143 of IPC and Ss. 3 and 4 of Muslim Women (Protection of Rights on Marriage) Act on March, 2019. He visited the country on 12/8/2024 to settle down the family dispute but could not get success. In a subsequent development, his wife moved an application for issuance of look out circular and in pursuance thereof, he was arrested on 9/1/2025. He was bailed out in preventive actions so also in relation to the offence relatable to the FIR No.3682024. It is contended that he would lose job in Kuwait which he was pursuing since a long, the only source of his livelihood. It is stated that the criminal prosecution is on its nascent stage and it would surely take a long time to reach on a legitimate conclusion. During the pendency and conclusion of the trial if he would not be allowed to go outside the country, then he will lose his job. It is contended that right to go abroad and right to earn for livelihood is a fundamental right.

(3.) Heard the learned counsel for the parties and gone through the niceties of the matter.