D.B.Civil Habeas Corpus Writ Petition No.165/2008 Om Prakash v. The State & ors. Date of order: 11.2.2008. HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. BHANWAROO KHAN, J. Mr.Dinesh Sharma for the petitioner. Mr. Vishal Raj Mehta for the State. Mr. Om Prakash, petitioner present in person. Ms. Alpa present in person. ... The petitioner Om Prakash submitted this Habeas Corpus Petition with the prayer for production of corpus of Ms. Alpa with the plea that Alpa is major and she married with the petitioner on 13.12.2007 according to Hindu rites in the temple at Kota. As per the allegations of the petitioner, Alpa has been illegally detained by her parents Shyam Lal and Geeta Devi. According to the petitioner, he received call from her wife Alpa on 27.12.2007 and by that he came to know that Alpa has been wrongfully confined at the home of one Heera Lal Pentar. Notices were issued to the respondents and Ms. Alpa was produced in Court on 24.1.2008. This Court considered the matter on 24.1.2008 and thereafter, the petitioner was permitted to go with her parents and she was directed to be brought before this Court on 11.2.2008. Today, Alpa appeared in Court and her wishes were enquired. Alpa unequivocally stated that she wants to go with the petitioner. It appears from the certificate of his Secondary Examination (Annex.1) that her date of birth is 23.3.1986. This fact has not been 2. disputed by her parents before this Court. The petitioner has placed on record the photographs (Annx.2) which are four in number but we are of the view that these photographs are not sufficient proof of marriage of the petitioner with Alpa. The petitioner also has not placed on record any other proof of his marriage with Ms. Alpa nor has placed on record certificate of registration of his marriage with Alpa. Be it as it may be, the girl Alpa appeared before this Court, stated that if her marriage is not legal marriage then now she will marry with the petitioner but she wants to go with the petitioner only and not with her parents who are present in Court. This Court is not concerned, what she will do hereinafter but she has disclosed her desire not to live with her parents and she says that she is free to live according to her own wish as she is major, this Court allows this Habeas Corpus Petition to the extent that Alpa is a major and she has a right to live according to her own wish and she has shown her willingness to go with the petitioner and since Alpa is coming from the custody of her parents, therefore, we direct the State to provide sufficient protection to Alpa to reach to the place where she wants to go. ( BHANWAROO KHAN),J. (PRAKASH TATIA),J. mlt.