Rajasthan HC Directs Paramour to Deposit Per-emptory Costs in Relation to Habeas Corpus Petition

Rajasthan High Court Law Insider

Sarthak Umang

Published on: 23 November 2022 at 17:45 IST

The Rajasthan High Court recently ordered a paramour to deposit Rs. 50,000 as peremptory cost in order to get his partner out of her mother’s purportedly illegal custody.

According to Dinesh Chaudhary, he communicated with the detenu—a married woman—via Instagram. According to him, the detenu left her husband because she was dissatisfied in her marriage and travelled to Desuri with him while he prepared the marriage affidavit. Later, they travelled to Gujarat, where the police and her maternal relatives brought her back.

Despite the detenu professed wish to accompany her mother, Chaudhary further argued that the statement was made under duress.

After hearing the plea, the division bench of Justices Sandeep Mehta and Kuldeep Mathur ordered the petitioner to pay Rs. 50,000 to the Registry before the detenue could be brought 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…”

“…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 case is currently scheduled for December 2.

Case Title: Dinesh Chaudhary v. State of Rajasthan and Others


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