- (1.) THIS habeas corpus petition has been filed by petitioner Rajasvi Chauhan alleging that he and the detenu Sunita solemnized their marriage in the Arya Samaj Mandir, Arya Nagar, Model Town, Ghaziabad on 7.3.2012. The marriage was thereafter registered on 12.3.2012. The registration number is 502 of 2012. Certificates to that effect have been filed as Annexure 1 and Annexure 2 to the petition. The date of birth of detenu Sunita as per birth certificate Annexure 3 issued by the Registration Officer of the Municipal Board, Rajgarh, District Churu is 3.7.1986. The aforesaid certificate was issued on 23.6.2005. The detenu was reported to have taken away by the accused persons at the instance of the maternal uncle (Shri Sita Ram S/o Shri Nirana Ram) of the detenu as the detenu is reported to have lost her parents (father and mother). Today, learned counsel for respondents prays for listing of the petition as the detenu has been recovered.
(2.) ACCORDINGLY, the writ petition has been listed in court today. The detenu is present before us and has been identified by the petitioner. The petitioner is accompanied by his father Shri Rajendra Kumar. The petitioner and the detenu have admitted their marriage and the father of the petitioner Rajendra Kumar who is present in court has also accepted the fact of marriage and consented to the same and has given his consent to accept the detenu Sunita as daughter-in-law. In the facts and circumstances of the case, since we find that the detenu is a major - more than 18 years of age, she is free to choose her course of life and having admitted the fact of her marriage with the petitioner, we would direct that the detenu be permitted to accompany the petitioner and the petitioner's father Shri Rajendra Kumar who has also undertaken to accept the detenu as daughter-in-law. It has been stated that the detenu is an employee with the State Bank of Bikaner & Jaipur at Sumerpur, District Pali and she is under the threat by her maternal uncle and the people employed by him. In the facts and circumstances of the case, we would direct the S.P. Pali to instruct the SHO, Sumerpur to ensure protection to the detenu. The SHO, P.S. Kardhani, Jaipur (South) where FIR No.169/2012 has been lodged and is being investigated is directed to proceed with the matter in accordance with law based upon the statement given by the detenu and evidence collected during investigation against the accused. The detenu has further prayed that since all her documents have been taken away by the maternal uncle and she is required to appear at the departmental examination of of the bank on Sunday, we would direct the Bank Authority to issue necessary duplicate admission card to the detenu after fully verifying the identity of the detenu from their own record. The IO shall also take steps to recover the personal belongings of the detenu from the house of her maternal uncle and hand them over to the detenu.
(3.) WITH the aforesaid directions, the petition stands disposed of.;