JUDGMENT 1. - Alleged detenue Smt. Sumitra has been produced in the Court today by the Assistant Director, Mahila Sadan, Social Welfare Department, Jaipur. 2. We have recorded the statement of Sumitra, who has deposed that her age is 20 years, that when she was a child, her mother died and that thereafter her father Prabhu Lal r/o Talera, solemnized her marriage with a person residing in Village Nenwa and that she never went to her in-laws house. She has stated that her father Prabhu Lal wanted to sell her to some other person. Petitioner Babu Lal used to work with his father and that she fell in love with him. She has further stated that about nine months ago, she had willingly gone with petitioner Babu Lal with whom she remained as his wife and started living with him in Village Namana. She deposed that Prabhu Lal lodged a report in the Police Station against the petitioner that she was recovered by the police, that she was medically examined and that her statement was also recorded by a Magistrate. She has specifically stated that she has now been kept/detained in Mahila Sadan, Jaipur for last eight months and that she wants to go and live with petitioner, Babu Lal. 3. A careful perusal of the record of this case reveals that on the report dated 24.8.96 of Prabhu Lal, Crime No. 275/96 was registered at Police Station, Talera against petitioner Babu Lal for the offences under sections 363 & 336, Indian Penal Code. After investigation the police has now submitted charge-sheet (Ann. 2) against the petitioner in the Court of Additional Civil Judge (SD) & Judicial Magistrate, Talera. During investigation Sumitra was recovered by the police and on 19.9.96 her statement under Section 164, Criminal Procedure Code was recorded by the learned Additional Civil Judge (SD) & Judicial Magistrate, Talera, wherein she deposed that her father after consuming alcohol used to give her beatings, that she was married with one Bhawar Lal and that she had never gone to his house. She had also stated that about 2-21/2 months ago she had willingly gone to Babu Lal's house, where she was living with him as his wife. The learned Civil Judge (SD) and Judicial Magistrate, Talera, who recorded her statement (Ann. She had also stated that about 2-21/2 months ago she had willingly gone to Babu Lal's house, where she was living with him as his wife. The learned Civil Judge (SD) and Judicial Magistrate, Talera, who recorded her statement (Ann. 1), by his order dated 20.9.96 ordered that she he kept in Mahila Sadan, Jaipur till further orders and since then she is being kept there. 4. The petitioner has also filed certified copy of the challan (Ann. III) filed against him. It is surprising to note that in the calendar of witnesses Sumitra has even not been cited as a prosecution witness. The doctor after Radiological Examination vide his report dated 8.9.96 has opined that the age of Sumitra is between 17 to 18 years. Thus, it stands fairly established that Smt. Sumitra has now attained the age of majority and is above 18 years. She has deposed that she has been kept in the Mahila Sadan against her wishes and that now she wants to go with the petitioner. In such circumstances, it will be an abuse of process of the Court, if Smt. Sumitra is kept in the Mahila Sadan, Jaipur against her wishes. Since Smt. Sumitra has not been cited as a prosecution witness in the challan (Ann. III), she has not been called as yet by the Trial Court for recording her statement. 5. In such circumstances, in the interest of justice and to prevent abuse of process of the Court, we order that the custody of Smt. Sumitra be entrusted to petitioner-Babu Lal, if he executes his Superdginama for an amount of Rs. 10,000/- (Rupees ten thousand only) to the satisfaction of the learned Additional Civil Judge (SD) & Judicial Magistrate, Talera to the effect that he shall produce her in the Court as and when directed to do so. 6. With these observations, this Habeas Corpus Petition stands disposed of. A copy of this order be sent to the Assistant Director, In-charge Rajkiya Mahila Sadan, Social Welfare Department, Jaipur and the learned Additional Chief Judicial Magistrate, Talera, District Bundi, for information and compliance.Petition allowed. *******