FEROZ AHMED Vs. STATE

JUDGEMENT

(1.) By this petition Feroz Ahmed is seeking quashing of the order passed on 15th Sept. 1981, by Shri Mahabir Singhal, Metropolitan Magistrate, New Delhi, whereby the custody of Suman Devi, wife of the petitioner herein was directed to be handed over to her father on super dari.

(2.) Admitted facts are that the petitioner herein got married to Suman Devi on 19th August 1981, under the provisions of the Special Marriage Act, 1954. A copy of the marriage certificate is annexure A to this petition. That marriage is being challenged under sections 24, 25 and 27 of the Special Marriage Act on various grounds. The grounds, inter alia, being that the petitioner was a minor at the time of the marriage and she had been induced by fraud in entering into the marriage. That case is now pending trial before an Additional District Judge and was fixed for 23rd Oct. 1981. Prior to the filing of the said petition on 25th September 1981, First Information Report No. 287 of 1981, had been registered against the petitioner herein for offences under sections 363 and 366 of the Indian Penal Code in Mandir Marg Police Station on 19th August 1981. On coming to know of the registration of the case against him the petitioner herein moved an application under section 438 of the Code of Criminal Procedure for grant of anticipatory bail. While granting interim bail the learned Additional Sessions Judge directed the Station House Officer to verify the age of the girl Suman Devi. On 11th September, 1981, the Station House Officer stated that he had verified the age of the girl from the School record. According to his report she was of 21 years of age. Accordingly, the interim bail granted to the petitioner was confirmed by the learned Additional Sessions Judge on the 11th September 1981.

(3.) It is stated in this petition that the girl had also been brought to the Court by the petitioner's father on 5th Sept. 1981. Her statement under section 164 of the Code of Criminal Procedure was recorded by Shri Mahabir Singhal, Metropolitan Magistrate, New Delhi on that day. In that statement she had averred that she was 20 years of age and had gone to the house of the petitioner without any pressure from anybody. She declined to go to Nari Niketan. She also declined to go with her father Shri Relu Ram. The learned Magistrate, however, it appears directed that she be sent to Nari Niketan and be produced on 10th September, 1981. On that day although the girl was produced from Nari Niketan the learned Magistrate adjourned the case to 15th Sept. 1981.