MANDEEP MALIK Vs. S S P BHIWANI

JUDGEMENT

(1.) Petitioner No.1 Mandeep Malik and Petitioner No.2 Smt. Pooja are permanent residents of Bhiwani, Haryana. They developed love and affection for each other and decided to get married. The parents of the Petitioners were in the knowledge of their relationship and the petitioners had intimated their bonafide and honest intention to marry each other to their respective parents. But the parents were not agreeable for their marriage. The petitioners decided to get married without the blessings of their parents because of their dis-agreement to the marriage. Consequently, they married each other on 1.11.2006 at Arya Samaj Vedic Marriage Mandal, Jamuna Bazar, Delhi according to Hindu rites and ceremonies. Copy of the marriage certificate has been placed on the record with this petition.

(2.) Petitioner No.2 Smt. Pooja left her parents house on 4.09.2006 and came to Delhi because of atrocities of her parents and contacted a lawyer at Patiala House Courts, New Delhi. The said lawyer helped her in getting shelter from Mahila Dakshata Samiti, Kidwai Nagar (West), New Delhi on 4.09.2006. The grandfather of Petitioner No.2 got registered an FIR No.379/2006 dated 04.09.2006 under Sections 363/366/34 of IPC at Police Station Sadar Bhiwani against Petitioner No.1 on the same date. The investigating agency of Bhiwani took the custody of Petitioner No.2 from the said Mahila Dakshata Samiti and produced her before CJM Bhiwani on 7.09.2006. Petitioner No.2 alleges that police officials of Bhiwani handed her over to her parents from where she was taken to Hyderabad and when she could not meet Petitioner No.1, she came back to Delhi on 7.10.2006.

(3.) Petitioner No.2 had filed an affidavit regarding her age to prove that she was 18 years of age when she left her parents house. She also obtained a certificate from Distt. Medical Officer, Civil Surgeon, Faridabad. The Civil Surgeon, Faridabad issued a certificate on 16.10.2006 certifying that Petitioner No.2 Pooja had filed an affidavit disclosing her age as 18' years and from medical examination i.e. from her appearance he found her age to be 18 years.