SUNIL KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This petition for habeas corpus has been filed by Sunil Kumar, brother of Ram Prasad. Petitioner's brother Ram Prasad, being in love with Urmila Devi (minor) about 16 years of age, got married to her. The statements of Ram Prasad and Urmila Devi were recorded on 13.3.2007. As per the statement of Urmila Devi, who was in love with Ram Prasad, she left the parental home in Delhi on 11.2.2007 to join him in Panipat as pre-arranged. She stated that she left the house of her own volition and it was her suggestion that she and Ram Prasad get married. She got married to Ram Prasad on 12.2.2007 at Devi Mandir, Panipat. Photographs of the marriage have been produced. Both have cohabited together as husband and wife. Ram Prasad has also supported her statement. The parents of Urmila Devi, Raghunath Singh and his wife Roopwati were also present in Court. Raghunath Singh and Roopwati are extremely annoyed over the act of their daughter in eloping and marrying Ram Prasad and are unable to reconcile to the factual position. Statement of Raghunath Singh was also recorded. He stated that he and his wife do not wish to have any relationship with their daughter, who has betrayed their trust and confidence and were not interested in keeping her. As far as they were concerned, she can go and live with whomsoever she wants.

(2.) We had adjourned the matter on 13.2.2007 to satisfy ourselves with regard to the well being of Urmila. In the meanwhile, Ram Prasad has been able to secure employment with M/s.Sharma Strips Pvt. ltd. We had enquired from Urmila Devi about her state. She says that she is happy and would like to continue to live with her husband. Ram Prasad has a younger brother, his mother and two sisters. Urmila Devi is acceptable to their family without any gift or dowry.

(3.) We are conscious of the fact that the Supreme Court is currently seized with the question regarding lacunae in the provisions of law and disparities in legislation such as Child Marriage Restraint Act, 1929, Hindu Marriage Act, 1952, Explanation to Section 375 of the IPC, 1860, the Shariat, the Indian Divorce Act, Child Labour Regulation Act, 1986 and the Juvenile Justice (Care and Protection of Children) Act, 2000 with minimum age of marriage, definition of marriage, child marriage etc. in Crl.M.P.No.2735/2006 in Crl.Appeal No.1507/2007, petition for Special Leave to Appeal of 2006.