- (1.) BY this petition a writ in the nature of Habeas Corpus is claimed by Shri Vikki @ Vikram son of Shri Badri Narayan, resident of Nagori Gate, Kalal Colony, Jodhpur to produce Ms. Harshita Parihar daughter of Shri Balveer Singh, resident of Ramsagar, Mata Ka Than, Mandore Road, Jodhpur before the Court.
(2.) AS per the averments contained in the petition, petitioner Shri Vikki @ Vikram entered into a wedlock with alleged detenue Ms. Harshita Parihar on 6.6.2013 at Arya Samaj Mandir, Bikaner. In the meantime an FIR was lodged at Police Station Mandore (FIR No.187/2013) alleging commission of offences punishable under Sections 363 and 366 Indian Penal Code against the petitioner. On 11.5.2013 the petitioner and Ms. Harshita Parihar appeared before the Station House Officer, Police Station Mandore, before whom the allegation of abduction was refuted by Ms. Harshita Parihar. She also stated about voluntarily leaving of her house with an object to marry with Shri Vikki @ Vikram. A statement as per provisions of Section 164 Cr.P.C. given by Ms. Harshita Parihar too was recorded by Additional Chief Judicial Magistrate No.4, Jodhpur wherein too she stated about the fact of marriage with the petitioner and also for leaving her parental house voluntarily. At a subsequent stage Ms. Harshita Parihar was taken by her parents to their residence. Alleging the same as illegal detention, this Habeas Corpus Petition is preferred. By order dated 27.6.2013 this Court issued notices and those were accepted by learned Government Advocate. On 8.7.2013 Ms. Harshita Parihar was produced before the Court by learned Government Advocate. The Court, after considering all relevant facts, sent Ms. Harshita Parihar to Nari Niketan, Jodhpur by passing an order in following terms:- "In pursuance of the order passed by this Court on 27.6.2013 the Government Counsel produced the corpus Harshita Parihar before us. As per her educational certificate her date of birth is 11.03.1995 and she has completed 18 years of age in the month of March 2013. However, after observing her gestures and state of mind she is somehow frightened. Therefore, through her maternal uncle we have called the father and mother of Harshita in the Court in the pre-noon session. In the fitness of things we direct the Government Counsel to send the corpus Harshita to Nari Niketan, Jodhpur where nobody except mother and father of the corpus shall be allowed to meet her. The Government Counsel is further directed to produce the corpus Harshita before this Court on 12.07.2013."
(3.) MS . Harshita Parihar was again produced before the Court on 12.7.2013 and on that day marriage certificate was produced before the Court, however, the Court being not satisfied with the same, passed the following order:- "This writ petition has been filed by petitioner Vikki @ Vikram S/o Shri Badri Narayan. The petitioner is claiming that he is legally wedded husband of Harshita Parihar. To substantiate this fact, he has placed on record the photostat copy of the marriage certificate issued by Arya Samaj, Siyana Branch, Bikaner. Upon asking the learned counsel for the petitioner to submit original marriage certificate before us for perusal. Upon perusal, it appears that it does not bear signature of the Secretary, Arya Samaj, Siyana Branch, Bikaner. Therefore, we deem it appropriate to direct the petitioner's counsel to hand-over the original document to the Investigating Officer, present in person in court and the Investigating Officer is directed to ascertain correctness of certificate from the concerned Arya Samaj, Siyana Branch, Bikaner and submit report before this Court on 17.07.2013. Till then, the corpus may be sent to Nari Niketan and she may be produced before this court again on the next date of hearing, i.e. 17.07.2013." ;