MADHU Vs. NAUBAT SINGH

JUDGEMENT

(1.) S. N. Saxena, J. This petition has been instituted in the name of Smt. Madhu by her husband, Raj Kumar. The sole respondent, Naubat Singh is the father of Smt Madhu. According to the petitioner, Madhu was legally wedded wife of Raj Kumar. She was an aduit and her marriage with Raj Kumar had validly taken place according to Hindu "riti Rivaz" in a temple. It was not arranged by her father, Naubat Singh who unable to reconcile with the same. He, therefore, had forcibly and illegally detained Madhu in his house. Madhu tried her best to live also with her husband but did not succeed. She, thereafter, managed to get this petition instituted.

(2.) IT appears that Naubat Singh had got registered a criminal case against Raj Kumar. The investigation followed as usual and the statement of Madhu was recorded under Section 164, Cr. P. C. a copy of which is Annexure II to the petition. The petitioner naturally has prayed for her release from the illegal custody of her father so that she may be able to live along with her husband, Raj Kumar.

(3.) THE medico legal expert, Dr. Gupta, got examined Madhu medically again accord ing to his instructions and he filed his opinion today before this court along with the X-ray photo and the medical examination report of Madhu by a very senior lady doctor of Moti Lal Nehru Medical College, Allahabad. Dr. Gupta, on the basis of the available data, was of the opinion that the age of Madhu was about 19 years on the date of her medical examination i. e. 26-10-1994. THE radiological findings were considered in detail by Dr. Gupta after getting her X-Rayed. THE right and left wrists joints, right and left elbow joints and both the clavicles and the shoulders were got X-Rayed by him. Both A. P. & lateral views of the wrist and elbow joints were taken into consideration by him. THE opinion was based upon the report of the lady doctor also, who had found the secondary sex characteristics well developed and was of opinion that Madhu could be of any age between 18 and 20 years.