KANAHIYA LAL SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition for habeas corpus has been filed by the father of the detenue -Sangeeta on the averment that although she is living in the custody of her husband Rajan -respondent No. 5 herein, she has been subjected to intolerable torture. The! details in this regard have been given out in the petition wherein the petitioner has stated that his daughter Smt. Sangeeta is disgusted with the kind of life she is compelled to lead at her husband's place since her husband and her brother -in -law (husband's elder brother) have been demanding valuables like television!, motor -cycle and other articles and also cash amount of Rs. 50,000/ -. She is also prevented from meeting her father and on and off she is severely beaten up, at times with electric wire. It has been alleged that the detenue's father came to know about his daughter's plight from an un -known source due to which he tried to meet his daughter -Sangeeta, but the respondents No. 5 and 6 did not allow her to meet him, as a result of which, he was compelled to move this Court for producing her daughter. He has, thus, sought to allege that his daughter - Sangeeta has been kept in illegal confinement of her husband Rajan and is subject to torture.

(2.) ON these averments, this petition for habeas corpus has been moved, on which a show cause notice was issued to the respondents, in response to which, the respondents No. 5 and 6 have appeared. The father of the detenue -petitioner herein is also present and the SHO, Police Station, Dausa has also produced the detenue -Sangeeta in this Court.

(3.) TAKING into consideration the totality of the circumstances and prima facie being satisfied that it will not be just and proper under the prevailing circumstances to compel the detenue -Sangeeta to live with her husband, we direct that she should be allowed to live with her father as per her choice and she may, therefore, be reached from this Court to her father's place under police custody. Although, there is no averment in the writ petition regarding accompaniment of the children with the detenue, but taking into consideration the welfare of the two minor children and the fact that it will be traumatic to compel the children to live without their mother, we consider it in the interest of justice to allow the children to live with their mother. With these directions, this habeas corpus petition is allowed.