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2005 DIGILAW 848 (RAJ)

Ram Charan v. State

2005-03-18

HARBANS LAL, V.K.BALI

body2005
Judgment Pursuant to the orders passed by this Court on 22.2005, Mrs. Simla is present in Court. Let her statement be recorded. 2. She states on oath, thus:-"I, Mrs. Simla Daughter of Shri Sidde, aged 28 years, resident of village Rajapurian-ka-pura, PS Hindaun City, Distt. Karauli, do hereby take oath and state that I was married to Roop Singh. Later, due to ill treatment given by Roop Singh, of my own free will I started living with Ram Charan, the petitioner of this case. I have four children who are residing with Roop Singh. I want to live with my children who as mentioned above are residing with Roop Singh. I would now like to live with Roop Singh of my own free will." 3. This petition has been filed under Article 227 of the Constitution of India seeking a writ in the nature of habeas corpus by primarily pleading that Smt. Simla the wife of the petitioner has been illegally confined by Roop Singh , her first husband. Pursuant to the orders of this Court, Smt. Simla is present in Court. Her statement has been separately recorded. It is clearly made out from the statement made by Smt. Simla that even though she married Roop Singh but later, she was residing with Ram Charan and further that she would now like to reside with her children who are with her first husband. The present matter really appears to be a complicated one where a lady of 28 years as stated by her on account of ill treatment meted to her had left her husband and started living with petitioner Ram Charan with whom she wants to reside now simply as her children are residing with him. 4. In view of the statement made by Smt. Simla that she would now like to reside with her husband even though, she was residing with Ram Charan for last some months, we do not find that a case of illegal confinement has been made out. .5. The scope of writ in the nature of habeas corpus is limited. Once, the Court finds that alleged detenu is residing wherever he or she might choose to reside, no case for interference shall be made out. 6. In view of what has been stated above, we have no choice but to dismiss the writ petition. 7. The writ petition is accordingly dismissed.