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1989 DIGILAW 682 (RAJ)

Ganga Devi v. State of Rajasthan

1989-09-18

G.K.SHARMA, V.S.DAVE

body1989
JUDGMENT 1. 1. This Habeas Corpus Petition is filed by Smt. Ganga Devi mother of Smt. Sujjo Devi @ Sarjjo who is being kept in Nari Niketan Bharatpur under the orders of the learned Magistrate dated 17-11-88 praying that Mst. Sujjo should be given to her and the order dated 3 3.89 be quashed. One Babu Lal brother of Mst. Sujjo had earlier approached this Court in a misc. application under Section 482 Cr.P.C. which was disposed by one of us (Hon'ble Sharma, J.) on 2.12.88 wherein the petition was dismissed since there was no positive evidence produced that Mst. Sujjo was above 18 years of age. In this petition the petitioner has filed various documents to show that Mst. Sujjo has attained majority. 2. The learned counsel for the non-petitioner No. 3 Kalicharan with whom Mst. Sujjo was married, also does not dispute this petition (sic position) and it is agreed that she has attained the age of majority. As such she cannot be detained in Nari Niketan against her wishes. 3. We, therefore, direct the Chief Judicial Magistrate, Dholpur to summon Mst. Sujjo in his Court and record her statement and ascertain her wishes. She shall be set at liberty and all required assistance shall be provided by the Chief Judicial Magistrate to enable her to go to the place of her choice. In the aforesaid circumstances this Habeas Corpus Petition is disposed of with aforesaid observations. The order passed by the learned Chef Judicial Magistrate would not prejudice the rights of the parties in matrimonial proceedings. 4. The learned counsel for the parties are directed that they should arrange to put in appearance on behalf of their respective clients before the learned Chief Judicial Magistrate on 25.9.89. On this date the learned Magistrate should fix the date for recording the statement of the prosecutrix. 5. Copy of this order be sent forthwith to the Chief Judicial Magistrate, Dholpur who shall comply with the order immediately.Petition allowed. *******