Rajasthan HC Orders Per-emptory Cost In Paramour's Habeas Corpus Petition
The Rajasthan High Court recently directed a parmour, seeking the release of his partner from the alleged illegal custody of her mother, to deposit Rs. 50,000 as per-emptory cost.Dinesh Chaudhary claimed that he came in touch with the detenu, a married woman, via Instagram. He claimed that the detenu was unhappy in her marriage and therefore, went away with him to Desuri and prepared...
The Rajasthan High Court recently directed a parmour, seeking the release of his partner from the alleged illegal custody of her mother, to deposit Rs. 50,000 as per-emptory cost.
Dinesh Chaudhary claimed that he came in touch with the detenu, a married woman, via Instagram. He claimed that the detenu was unhappy in her marriage and therefore, went away with him to Desuri and prepared the marriage affidavit. Later, they went to Gujarat, from where she was brought back by the Police and her maternal relatives.
Chaudhary further submitted that though the detenu had expressed a desire of going with her mother, the statement was made under duress.
The division bench of Justice Sandeep Mehta and Justice Kuldeep Mathur, upon hearing the petition, directed the petitioner to deposit a sum of Rs. 50,000 with the Registry, only after which the detenue shall be produced before the Court.
"In view of the facts noted above, we hereby direct that the petitioner shall deposit peremptory cost to the tune of Rs.50,000 with the Registrar (Judicial), Rajasthan High Court, Jodhpur within a period of five days from today and provide copy of the receipt to learned AAG who shall in turn instruct the SHO concerned to present the corpus in this Court on the next date of hearing. In case, the peremptory cost is deposited, the corpus shall be produced in the court on 02.12.2022," said the High Court.
The matter is now listed for December 2.
Case Title: Dinesh Chaudhary v. State of Rajasthan and Others
Citation: D.B. Habeas Corpus Petition No. 314/2022
Coram: Justice Sandeep Mehta and Justice Kuldeep Mathur
Click Here To Read/Download the Order