1 D.B. CIVIL HABEAS CORPUS PETITION NO.3786/2010 (Madan Lal Vs. State of Raj. & Ors.) Date of Order : 26.04.2010 HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. K.C. Choudhary, for the petitioner. Mr. B.K. Mehar, Govt. Counsel. Mr. N.K. Bohra, for respondent No.4. This habeas corpus petition has been filed by father of the corpus Sangita in which it is stated that the date of birth of his daughter Sangita is 4.8.1995 as per her school certificate Annexure-2, therefore, she is minor and she has been illegally detained by respondent Nos. 4 and 5. In the writ petition filed by the petitioner, notices were issued and in pursuance of the notice, the corpus Sangita was produced before us by the respondent Nos. 4 and 5 on 19.4.2010. On that day, learned counsel for the respondents took time for the purpose of satisfying that corpus is major because she is more than 18 years of age. Further, corpus herself stated before us that she is major and she does not want to go with her father and she is willing to go with her husband because she is legally wedded wife of respondent No.4 - Ramesh Kumar Bhati. According to the certificate produced on 2 record as Annexure-2, the date of birth of corpus has been shown as 4.8.2010. Therefore, in the interest of justice, we have sent the corpus Sangita to the Nari Niketan, Jodhpur on 19.4.2010 with the direction that she shall be produced before us on the next date of hearing. Today again, we have ascertained the desire of the corpus Sangita repeatedly, the corpus Sangita has stated before us that now she is desirous to go with her father, who is present today in the Court. It is also stated by corpus Sangita that she is minor and the certificate produced by her father Annexure-2 is correct. In this view of the matter, this habeas corpus petition is allowed and custody of the corpus Sangita is hereby given to her father who is present in the Court because corpus Sangita is minor and she is desirous to go with her father. We have also recorded the statement of corpus – Sangita separately for ascertaining her desire where she wants to go. The said statement is on record. This habeas corpus petition is allowed in above terms. (GOPAL KRISHAN VYAS), J. (A.M. KAPADIA), J. arun/- arun/-