1 D.B. HABEAS CORPUS PETITION NO.4367/2007 Vishnu Sharma Vs. The State of Rajasthan & Ors. Date : 26.7.2007 PRESENT HON'BLE MR. JUSTICE RAJESH BALIA HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr. R.S. Choudhary for the petitioner. ______ Having heard learned counsel for the petitioner we are of the opinion that this petition deserves to be dismissed in limine. The petitioner has sought a writ of habeas corpus for recovering the corpus of Ms. Poonam daughter of respondent No.3 alleged to be illegally detained by her father. According to the averments made in the petition, the petitioner and Miss Poonam Sharma daughter of Shri Subhash Sharma allegedly both of them about 21 years of age had married according to the Hindu rites in a temple at Sri Ganganagar on 4.11.2006 and after staying together for a while as husband and 2 wife had applied for registration of marriage with Collector, Sri Ganganagar. On issuing notice of the application, father of the girl lodged an objection before the Collector against the registration of the marriage alleging that the girl is minor. Her date of birth is 3.11.1991, in support of which her mark sheet issued by the Board of Secondary Education, Ajmer was produced which was dated 5.6.2006. The said mark sheet reveals the date of birth of Miss Poonam Sharma as 3.11.1991, according to which she has yet to complete 16 years of age. The girl herself appeared before the Collector on 19.6.2007. She admitted herself to be minor and denied that any marriage was solemnized according to rites and requested not to register the marriage. With these state of affairs, the Collector vide order dated 19.6.2007 declined to register marriage. The Collector has also referred to the statement of Poonam Sharma recorded under Section 164 in connection with proceedings that are pending in the 3 Court pursuant to filing of challan against the petitioner in the criminal case. Said statement also corroborates Ms. Poonam's statement before the Collector. From the aforesaid, it is apparent that Miss Poonam Sharma is minor and her age is less than 16 years and she is under the custody of her parents, who are her lawful guardians. In these circumstances, the allegation that Miss Poonam Sharma is in illegal detention of her parents, cannot be accepted. The petition is dismissed in limine. [MAHESH CHANDRA SHARMA], J. [RAJESH BALIA], J. babulal/