1 D.B. Habeas Corpus Petition No.4780/2008 Diveyendu Sharma vs. State of Rajasthan & Ors. D.B. Habeas Corpus Petition No.4780/2008 Diveyendu Sharma vs. State of Rajasthan & Ors. Date : 13.8.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. CHAND MAL TOTLA, J. Mr.Bharat Devasi, for the petitioner. Mr.Diveyendu Sharma, petitioner present in person. Mr.VR Mehta, PP. Mr.Mahipal Bishnoi, for the respondents. Mr.Mahendra Bafna, Brother of Corpus present in person. Mst. Khushbu Bafna, corpus, present in person. - - - - - Heard. Corpus came with her brother Mahendra Bafna. Corpus stated that she came from her parents' house with her brother and she want to go to that place. Learned counsel for the petitioner submitted that the corpus came from the custody of her parents and brother, therefore, she may be sent to Nari Niketan so that she may take a decision according to her free will and uninfluenced by the pressure of her parents. 2 D.B. Habeas Corpus Petition No.4780/2008 Diveyendu Sharma vs. State of Rajasthan & Ors. We permitted the petitioner and the corpus to interact in our chamber for half an hour. The corpus thereafter submitted that she yet want to go to her parents' house. The corpus has not denied her marriage. Since the corpus is aged 24 years and she appears to be of the age of understanding, we do not find any fear as the corpus herself stated that she has no fear. Therefore, even after discussion with the petitioner, she has decided to go with her parents, therefore, we do not find any just reason to send the corpus to Nari Niketan when the corpus is of the age of understanding. In the habeas corpus petitions, the Court is concerned with the safety and basically the issue whether the corpus has been detained illegally and against her will or not. Since the corpus has not been detained illegally or against her will, therefore, we set the corpus free and to move as per her own wish. The corpus wished to go to her parents' house, therefore, she is set free to go to her parents' house. The corpus submitted that she need no protection from the State machinery. The corpus states that she has no fear either from her parents or from the petitioner. 3 D.B. Habeas Corpus Petition No.4780/2008 Diveyendu Sharma vs. State of Rajasthan & Ors. In view of the above, this habeas corpus petition is dismissed while setting the corpus free to go to her parents' house as per her own wishes. (CHAND MAL TOTLA), J. (PRAKASH TATIA), J. S.Phophaliya