JUDGMENT 1. 1. This Habeas Corpus Petition has been filed on behalf of father of one Miss Durga. According to the petitioner, she is minor girl of 13- 14 years. The petitioner has alleged in his petition that she has been abducted by respondent No. 3 and 4 in the night of 9th December, 2001. He has lodged police report in this relation being FIR No. 185/2001 Police Station, Rohit: 2. The case of the petitioner is that she is being kept in illegal custody of respondent No. 4 and therefore she should be produced before the Court to get rid of illegal confinement. 3. Notices were issued. Notice could not be served on respondent No. 3 for which the petitioner moved an application for deleting his name. The application is allowed and name of respondent No. 3 is deleted. According to the petitioner, girl is in the custody of respondent No. 4. 4. Reply has been filed on behalf of respondents No. 1 and 2 State. The State has submitted that they have got the girl examined before the CJM, Pali and she has Claimed majority. She was also got medically examined. 5. The statement of girl has been perused by us which is produced by the police authorities as Annex. R/1. According to her statement, a betrothal ceremony was solemnised between her and respondent No. 4. After betrothal ceremony the petitioner demanded money from respondent No. 4 and on refusal, the petitioner refused to conduct the marriage. Thereafter, the girl called respondent No. 4 and accompanied him to Jodhpur where marriage was solemnised at Arya Samaj. The statement was recorded under Section 164 Cr.RC. by CJM, Pali. 6. We have considered the submissions of petitioner and have perused the statement of girl recorded by the CJM, Pali. 7. Once we come to know that girl has appeared before the Magistrate and expressed nothing regarding her confinement which could be illegal or forcible, we do not think that any justification arises for this Court to exercise its extra- ordinary jurisdiction under Article 226 of the Constitution of India. 8. A writ of habeas is only issued if it is found that there is illegal confinement. In the instant case, the girl has appeared before the Magistrate, and is shown that she has come out of her own volition.
8. A writ of habeas is only issued if it is found that there is illegal confinement. In the instant case, the girl has appeared before the Magistrate, and is shown that she has come out of her own volition. Not only this, she has alleged that petitioner has demanded money from respondent No. 4. This by itself is an offence. An order of investigation has already been passed by this Court in this relation. Investigation will take its usual course. We dot not want to comment anything in this relation, but we are certain that no case for interference is made out, because we do not consider that there is any illegal restraint on the girl. In fact, the girl is not a minor according to the herself, and if she is a minor as Claimed by the petitioner, then conduct of the petitioner is all the more deplorable. He has tried to obtain money against her betrothal. This fact also does not persuade us to interfere with the matter. The motive of the petitioner is far from the bonafide.The habeas corpus petition thus having no force is dismissed.Petition dismissed. *******