[2025:RJ-JP:24699-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Habeas Corpus Petition No. 118/2025 Hariom Koli Son Of Shri Soha Lal Koli, Aged About 26 Years, Resident Of Koli Mohalla, Pinan Po, Pinan Dist, Alwar, Rajasthan- 301413 ----Petitioner Versus 1. State Of Rajasthan, Through Home Secretary, Government Of Rajasthan, Secretariat, Jaipur (Raj.). 2. Director General Of Police, Police Headquarter, Jaipur (Raj.). 3. Additional Director General Of Police, Anti Human Trafficking, Unit Jaipur (Raj.) 4. Superintendent Of Police, Rajgarh, Alwar Dist. 5. S.h.o. Of Police Station Laxmangarh, Alwar Dist. 6. Superintendent Of Police, Laxmangarh, Alwar Dist. 7. S.h.o. Of Police Station Rajgarh, Alwar Dist. 8. Shabir Ahamed Son Of Unknown, Resident Of Jawli, Alwar Jaoli, Rajasthan - 321607. 9. Mustakim Son Of Shabir Ahamad, Resident Of Jawli, Alwar Jaoli, Rajasthan - 321607 10. Salimb Son Of Unknown, Resident Of Jawli, Alwar Jaoli, Rajasthan - 321607 ----Respondents For Petitioner(s) : Mr.Prateek Kedawat Mr.Saurabh Dubey For Respondent(s) : Mr.Rajesh Choudhary, GA-cum-AAG with Mr.Aman Kumar Mr.Hanish Khan Mr.C.S.Sinha for UOI HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL Order [2025:RJ-JP:24699-DB] (2 of 3) [HC-118/2025] 04/07/2025 AVNEESH JHINGAN, J:- 1. This petition in the nature of Habeas Corpus is filed by the petitioner pleading that wife of the petitioner was abducted and directions be issued for production of detenue. 2. As per the pleadings, marriage of the detenue was solemnized on 01.04.2025 and a certificate issued by the trust is annexed as Annexure-1 with this petition. 3. On 21.04.2025 following order was passed:- “Learned counsel for the petitioner seeks time to assist the Court as to whether their marriage certificate issued by Arya Samaj Mandir at Delhi is a valid document for marriage solemnized between the parties from different religion. Further, what are the requisites for valid marriage under the Special Marriage Act, 1954. Put up on 02.05.2025.” 4. Despite given two opportunities, no assistance has been rendered in pursuance of the order of this Court. However, reliance is being placed on the contents of the certificate annexed with the petition as proof of marriage and to contend that the Hindu Marriage Act, 1955 is applicable to the parties. 5. The detenue has appeared and is identified by Mr.Hanish Khan counsel appearing for the detenue. Attested Photocopy of her Aadhar Card produced is taken on record. 6. During the interaction, the detenue submitted that she is major, does not want to go with the petitioner and is not under illegal custody. She further states that her signature on documents were forcibly taken by the petitioner. [2025:RJ-JP:24699-DB] (3 of 3) [HC-118/2025] 7. In view of the interaction with the detenue who is major and does not want to go with the petitioner, the petition is dismissed. 8. Considering the manner in which marriage certificates are being issued by the trust and specifically the content of this particular certificate annexed with the present petition issued by the trust in Delhi, it was deemed appropriate to call for counsel for Union of India. Mr.C.S.Sinha, has put in appearance on behalf of Union of India. 9. The procedure adopted before issuance of marriage certificates and their reliability; the checks undertaken by the trust before solemnizing the marriages and issuing such certificates, requires thorough examination. More particularly in light of the contents of the present certificate, which goes further from certifying that the marriage was solemnized. The authorities should take steps as necessitated to check such practices. 10. A copy of this petition along-with annexures and a copy of this order be supplied to counsel appearing for Union of India. (BHUWAN GOYAL),J (AVNEESH JHINGAN),J Monika/47