[1] D.B. CIVIL WRIT HABEAS CORPUS PETITION NO.7322/2009. [SHYAMA RAM VS. STATE OF RAJASTHAN & ORS.] Date of Order :: 29-07-2009 HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr.Rakesh Arora for the petitioner. Mr.B.K.Mehar. Additional Govt. Counsel ****** By instant Habeas Corpus Petition filed under Article 226 of the Constitution, the petitioner, who is claiming to be the husband of corpus Kamla, has alleged that Kamla is his lawfully married wife and she is in illegal custody of respondent No.4 her father. It is, therefore, prayed that she may be produced before the Court and be set at liberty as per own will and wishes. Pursuant to the order of this Court dated 24.07.2009, respondent No.3 SHO Baleshar has produced corpus Kamla before the Court. We have ascertained her wish and willingness. She has in unequivocal terms stated before us that she did not marry with petitioner nor she [2] intends to live with him. Presently, she is residing with her parents with whom she wants to reside. Since corpus Kamla is more than 18 years of age, she is sui juris, therefore, no fetter can be placed upon her choice of the person with whom she wants to stay. Since she has categorically stated before the Court that she wants to stay with her parents, we have permitted her to go with her parents. Seen in the above context, this habeas corpus petition lacks merits, deserves to be dismissed and accordingly, it is dismissed. At the time of issuance of notice, we directed the petitioner to deposit Rs.10,000/- by way of cost with the Registry of this Court, which has been deposited by the petitioner. Registry is, therefore, directed that out of the said amount, Rs.5,000/- shall be paid to Corpus Kamla after due verification and remaining Rs.5,000/- shall be credited to the State exchequer. [DEO NARAYAN THANVI ],J. [A.M. KAPADIA],J. jpa/