VINIT KUMAR MATHUR,J. - (1.) The present writ petition has been filed by Miss Rekha Devi, minor through her natural guardian - mother Smt. Samdu Devi.
(2.) The prayer in the petition is to get the pregnancy of the petitioner terminated as per the statutory provisions in vogue failing which the petitioner may be compensated by paying a sum of Rs. 50,00,000/- (Rupees Fifty Lacs) from the respondents for the welfare of herself and for care of her ward.
(3.) The facts, in short, are that an F.I.R. No.112/2017 was lodged by the father of the petitioner Shri Shivlal under Sections 363, 366 of IPC at Police Station Sojat Road, District Pali. At the same time, a Habeas Corpus Petition No. 36/2018 (Shivlal v. State of Rajasthan and Ors.) was also preferred by father of the petitioner before this Court in which following orders were passed on 19/04/2018, 01/05/2018 and 07/05/2018:- On 19/04/2018:- "This petition has been filed by the petitioner for release of his minor daughter alleged to have been in illegal detention of respondent No.4. The girl is produced before us. We have interviewed the corpus in camera as also in the presence of the petitioner and learned counsel for the parties. It is stated by the corpus that she was staying with the respondent No.4. She has declined to go with her father Shivlal. Thus, on the facts and in the circumstances of the case, when the corpus was staying with the respondent No.4 for last six months, the possibility of her being under his influence cannot be ruled out. We are therefore, of the opinion that the corpus must be given some time to collect her composure. Accordingly, we direct that the corpus be kept at Balika Grah, Jodhpur till further orders. List the matter on 1.5.18. The corpus shall be produced before us on that date". On 01/05/2018 : "The corpus staying at Balika Grah, Jodhpur, pursuant to the order dated 19.4.18 passed by this Court is produced before us. We have conferred with corpus in Chamber in presence of her father, Shiv Lal, the petitioner herein and the counsels for the parties. The corpus has declined to go with her father. She has stated that she has entered into marriage with respondent no.4-Gopal. As per averments made in the petition, the date of birth of corpus is 10.10.03, which is supported by the mark-sheet of the Secondary Examination, 2017, issued by the Board of Secondary Education, Rajasthan, a photostat copy whereof is placed on record by the petitioner today by way of an additional affidavit. It is stated by the corpus that her date of birth as mentioned in the mark-sheet is correct date of birth and as a matter of fact, she has already attained the age of 18 years. It is noticed that as per the Aadhar Card, a photostat copy whereof is available on the police record, date of birth of the corpus is 1.1.01. Keeping in view the discrepancy regarding the age of the corpus, we consider it appropriate to constitute a Medical Board for determination of actual age of the corpus. Accordingly, the Principal, Dr. S.N. Medical College, Jodhpur, is directed to constitute the Medical Board to ascertain the correct age of the corpus Ms Rekha. The report may be submitted before this Court before the next date of hearing. List the matter on 7.5.18. In the meantime, the corpus shall continue to stay at Balika Grah, Jodhpur". On 07/05/2017 : "Vide order dated 1.5.18, the directions were issued by this Court to the Principal, Dr. S.N. Medical College, Jodhpur to constitute a Medical Board to ascertain correct age of the corpus. The report of the Medical Board and the Radiologist are produced by learned Government Advocate for perusal of this Court. The Medical Board has opined that information regarding age of the corpus shall given after examination of the Radiologist and as per the report of the Radiologist, the age of the corpus is found to be 15-17 years. Learned Government Advocate may place the photostat copies of the reports of the Medical Board and the Radiologist on record. List the matter on 14.5.18, as prayed. In the meantime, the corpus shall continue to stay at Balika Grah, Jodhpur".;