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.802/2010 (Fateh Singh 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. Arjun Purohit, for the petitioner. Mr. B.K. Mehar, PP. Mr. R.K. Charan, for the respondents. In pursuance of the order dated 25.1.2010 passed by this Court, learned counsel for respondent No.5 has produced the corpus in person before the Court, so also, filed reply in which it is specifically stated that Smt. Anita is legally wedded wife of respondent No.5 Prashant S/o Ganpat Singh and in support of his contention, he has produced the marriage certificate dated 13.12.2009 Annexure-R/1, issued by Arya Samaj, Jodhpur. In this view of the matter when Smt. Anita is legally wedded wife of respondent No.5, then there is no question of 2 illegal detention of Smt. Anita. We have ascertained the will of Smt. Anita also in the Court in which it is stated by her that she got married with Prashant – respondent No.5 and wants to live with him because she is legally wedded wife of respondent No.5. It is also stated that she is major and her date of birth is 3.12.1987 as per the certificate issued by Board of Secondary Education, Rajasthan Ajmer, which is Annexure-R/3. In this view of the matter, while considering the reply and taking into consideration the will expressed by Smt. Anita, we are satisfied that no case is made out for interference. Hence, this habeas corpus petition is dismissed. (GOPAL KRISHAN VYAS), J (A.M. KAPADIA), J arun