1 D.B.CIVIL HABEAS CORPUS PETITION NO.9071/2010 Aslam Khan Vs. State of Rajasthan & Ors. ..... Date of Order : 25.10.2010 HON'BLE MR.JUSTICE A.M.SAPRE HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr.S.D.Vyas for the petitioner Mr.B.K.Mehar, Government Counsel Mr.Rajesh Choudhary for the respondents <><><> In this petition for habeas corpus filed by the petitioner, Aslam Khan complaining of illegal detention of his daughter Ms. Nagma, this Court had earlier directed on 06.10.2010 the Government Counsel to produce the case diary relating to FIR No.60/2010 Police Station, Sheoganj District Sirohi. Thereafter on 20.10.2010, a Co- ordinate Bench after noticing the prayer on behalf of the State for four weeks' time to trace out and produce the corpus before the Court though granted time as prayed for but while making it clear that if the corpus would not be produced before the Court on the next date of hearing, the Director General of Police, State of Rajasthan shall remain present in the Court. The matter was ordered to be listed on 22.11.2010. However, it appears that the corpus was produced before the Dy. Registrar (Judicial) of this Court on Saturday i.e., 23.10.2010, who as per noting in the order-sheet of even date directed the corpus to be sent to Nari Niketan, Jodhpur as per directions and further directed her to be produced before the Court today i.e., 25.10.2010. Today, Ms. Nagma, daughter of the petitioner, has been produced before us. Related case diary has also been placed for 2 our perusal. Ms. Nagma who is apparently in the advance stage of pregnancy has made the statement on oath which we have got recorded on dictation. Ms. Nagma has stated that she is 19 years of age; that she had willingly contacted marriage with her husband Yogesh Yadav on 27.03.2010 and was residing willingly with her husband. She has categorically stated that neither there was any pressure on her nor she has been illegally detained. She has further pointed out that she was major and carrying 8 months' pregnancy and she is willing to go with her husband who is at present at Kishangarh. She also made a request that arrangements may be made for calling her husband. From the material as available on the case diary particularly school certificate, it appears that date of birth of Ms. Nagma is 31.12.1991. In view of the statement as made by her also, it is apparent that she is major in age and is not in illegal detention. Thus, we deem it proper to set her at liberty to go the place she wants to. However, when it has been pointed out that her husband is at Kishangarh at present and further it has been pointed out that her husband Yogesh Yadav is represented by the counsel Mr.Rajesh Choudhary, we have requested the counsel concerned to establish contact with the husband of Ms. Nagma on phone and to call him immediately to this place. The learned counsel has agreed to do so. During the course of dictation, learned counsel was permitted to make the phone call. The counsel has come back to the Court informing that he has already contacted the husband of Ms. Nagma who is in the process of starting from Kishangarh and would reach Jodhpur shortly. 3 Having regard to the circumstances of the case, for the present purpose and as a temporary measure, we direct that Ms. Nagma may be sent to Nari Niketan, Jodhpur with a copy of this order to be accompanied by the police personnel who have hitherto accompanied her. It is further directed that upon her husband reaching Nari Niketan, Jodhpur and Ms. Nagma identifying him, she may be permitted to go with her husband to any place wherever she wants to go and it shall be required of the police personnel to ensure safe passage of Ms. Nagma and her husband to the place wherever they want to go. Nothing further is required to be done so far this petition for habeas corpus is concerned. Accordingly, this habeas corpus petition stands disposed of finally. MK (DINESH MAHESHWARI ),J. (A.M.SAPRE ),J.