1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : J U D G M E N T : D.B. CIVIL HABEAS CORPUS PETITION NO.1667/2006 (Karan Puri Vs. State of Raj. & Ors.) Date of Judgment : 15.04.2010 P R E S E N T HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. G.L. Khatri, for the petitioner. Mr. B.K. Mehar, Govt. Counsel for State. Mr. Hanumaan Khokhar, for respondent No.4. Mr. Pahad Singh, Dy. Supdt. of Police, Jaisalmer. This habeas corpus petition was filed by father of two girls on 27.3.2006. Thereafter, notices were issued to search out the corpus and to produce before the Court. Since, last five years, this petition is pending. Today, Government counsel along with Mr. Pahad Singh, Dy. Superintendent of Police, Jaisalmer has produced both the corpus namely Smt. Suaa and Ms. Kaushalya before us. The petitioner, father of two corpus, has identified his daughters. We have recorded statement of Smt. Suaa. 2 In her statement, it is stated by her that she is living with her husband Raju Puri as duly wedded wife from last five years, so also, gave birth to a daughter and she is residing with her husband Raju Puri with her desire. We have ascertained her will also where she wants to go. In the statement recorded before the Court, it is stated by her that she is major of 25 years, which is also not disputed by learned counsel appearing for the petitioner and stated that she is desirous to go with her husband Raju Puri. In this view of the matter, it appears that corpus Smt. Suaa is not in illegal detention of Raju Puri, therefore, she is free to go with Raju Puri as per her desire. At this juncture, corpus Smt. Suaa made a request that her husband Raju Puri has been arrested and he is in judicial custody in connection with FIR filed by Mohan Puri. Therefore, she is apprehending that her alleged ex-husband or other members of her community can disturb her peace, therefore, till release of her husband Raju Puri from the custody, she may be permitted to live in the Nari Niketan, Jodhpur along with her daughter. 3 After considering all the aspects of the matter, we are of the opinion that corpus Smt. Suaa is major and she was living with her husband Raju Puri and she is not in illegal detention of Raju Puri. In this view of the matter, this habeas corpus petition is dismissed to the extent of illegal detention of corpus Smt. Suaa. However, it is directed that till release of Raju Puri, corpus Smt. Suaa may be sent to Nari Niketan, Jodhpur along with her daughter. It is made clear that after release of Raju Puri, the authorities of Nari Niketan, Jodhpur shall release the corpus Smt. Suaa and her daughter and permit them to go with her husband Raju Puri. With regard to other corpus Ms. Kaushalya, daughter of petitioner, aged about 13 years, we are of the opinion that she is minor and petitioner is entitled to get custody of corpus Ms. Kaushalya being natural guardian. In this view of the matter after perusing the statement of corpus Smt. Suaa, we are of the opinion that Ms. Kaushalya was also not in illegal detention and she was living with her elder sister with her will. In this view of the matter, the police authorities are directed to hand over the custody of Ms. Kaushalya to the petitioner because 4 petitioner is natural guardian of Ms. Kaushalya. It is also made clear that after release from Nari Niketan, Jodhpur, if corpus Smt. Suaa and Raju Puri made a prayer for police protection, the same may be provided to them also. With these directions, this habeas corpus petition is disposed of. (GOPAL KRISHAN VYAS), J. (A.M. KAPADIA), J. arun/- arun/-