MUKESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This habeas corpus petition has been filed by petitioner- Mukesh Kumar S/o Shri Bahadur Singh, aged 22 years with the prayer that the respondents be directed to produce his legally wedded wife Anita Gurjar and allow her to stay with him.

(2.) Shri Santosh Kumar Soni, learned counsel for the petitioner has argued that the petitioner is resident of Dhani Dadala, Tan Nyorana, Tehsil, Neem Ka Thana, District Sikar. He is aged 24 years. Petitioner and detenue Anita were having love affairs for last three years. They decided to marry each other and their marriage was solemnised at Santoshi Mata Mandir, Neem Ka Thana, District Sikar on 15.01.2015. At that time, petitioner was aged 22 years and detenue Anita was 19 years old. They voluntarily prepared a deed of marriage, which is submitted as Annexure-3. Even when they were residing happily as husband and wife in Maharashtra where the petitioner is doing the masonry work to earn his livelihood. Father of the Anita lodged a missing person report and then he came there and abused petitioner and threatened to kill him and all his family members He stated that he would not allow his daughter to stay with the petitioner and took her with him. Subsequently, as per the information received by the petitioner, her marriage was forcibly solemnised with the respondent no.7-Rahul Gurjar on 10.5.2017, but the detenue somehow came back to the petitioner to Maharashtra on 10.9.2017. There they again started living as husband and wife. Then the father of respondent no.7-Rahul Gurjar lodged an FIR no.368/2017 for offence u/s.366 IPC with Police Station Kishangarh Bas, District Ajmer. It is in that FIR that the petitioner was arrested and the detenue Anita Gurjar was recovered from Maharashtra. When the police recorded the statement of Anita Gurjar, she categorically stated that she wanted to reside with the petitioner as his wife. Police submitted negative final report therein. However, thereafter, the father and mother of the detenue called her in December, 2017 on the assurance that they would accept her marriage with the petitioner. Believing on their assurance, the detenue went to her parents. While she was going to her parents, respondent nos.5 to 7 kidnapped her forcefully. Hence this petition.

(3.) Shri K.R. Gurjar and Ms. Gayatri Rathore, learned counsel for the respondent nos.5 to 7 however contested this petition by stating that the marriage of detenue Anita Gurjar has been solemnised with respondent no.7-Rahul Gurjar by hindu customs and rites on 10.5.2017 at Bhageri Kalan. A copy of the marriage card and marriage certificate issued by Gram Panchayat has been produced on record. It is contended that Anita was living with her father before 10.5.2017, but thereafter she started living with respondent no.7 as his wife. However, the petitioner kidnapped her on 10.9.2017 with regard to which incident, FIR no.368/2017 was lodged with Police Station Kishangarh Bas. The police recovered Anita from Maharashtra and then she came to her parents and thereafter she came to her in-laws i.e. house of respondent no.7 in November, 2017. Her statement u/s.164 Cr.P.C . was also recorded by Judicial Magistrate, Kishangarh Bas where she admitted her marriage with respondent no.7. Heard learned counsel for the parties.