1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : J U D G M E N T : D.B. HABEAS CORPUS PETITION NO.730/2010 (Suresh Kumar Vs. State & Ors.) Date of Judgment : 27.01.2010 P R E S E N T HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. P.N. Mohnani, for the petitioner. Mr. B.K. Mehar, PP. Heard learned counsel for the petitioner. In pursuance of the order passed by this Court, the corpus Vimla D/o Rama Ram has been produced before the Court by Dy. Superintendent of Police, Sirohi. Upon enquiry from the corpus, it is stated by her that she wants to go with her parents and she has not solemnized any marriage with the petitioner. It is further stated by her that the affidavit annexed with the writ petition is also false and bogus. 2 Upon perusal of the writ petition, it is revealed that there is no marriage certificate annexed by the petitioner along with the writ petition, so also, upon query made by the Court, it is submitted by learned counsel for the petitioner that there is no certificate of marriage. We have also recorded the statement of corpus Vimla D/o Rama Ram separately which shall be treated to be the part of this order in which it is stated by her that she is desirous to go with her parents. In this view of the matter, we are of the opinion that this frivolous petition has been filed by the petitioner without any evidence of marriage and right, which is abuse of process of the Court. In this view of the matter, this habeas corpus petition is dismissed with cost of Rs.5,000/-. The cost shall be deposited in the office of Free Legal Aid Authority, Rajasthan High Court, Jodhpur within a period of 15 days. (GOPAL KRISHAN VYAS), J (A.M. KAPADIA), J arun