LAWS(ALL)-2018-10-216

VARUN Vs. ADDL. DISTRICT/SESSION JUDGE

Decided On October 03, 2018
Varun Appellant
V/S
Addl. District/Session Judge Respondents

JUDGEMENT

(1.) This writ petition is directed against an order dated 21.02.2017 passed by the Additional Sessions Judge/ F.T.C.-I, Meerut in Criminal Revision no.419 of 2016 dismissing the revision preferred by the petitioner and affirming an order dated 01.10.2016 passed by the Additional Chief Judicial Magistrate, Court no.1, Meerut made in Case Crime no.145 of 2016, under Sections 363, 366 IPC, Police Station Dehali Gate, District Meerut, ordering Ariba whom the petitioner claims to have lawfully married, to be detained in the Nari Niketan, Meerut, until further orders or until further orders of the Appellate Court.

(2.) Heard Shri Lal Ji Pandey for the petitioner and the learned AGA on behalf of the State.

(3.) The case of the petitioner, Varun is that he has married Ariba, the daughter of respondent no.4, Ayaz Khan on 22.06.2016 in accordance with his free will and that of his wife, Ariba. It is stated that the petitioner, Varun is a Hindu whereas his wife, then known as Ariba, professed the Muslim faith. Thus, Ariba converted to the Hindu faith on 22.06.2016 taking the name, Jyoti, and, married the petitioner according to Hindu rites at the Arya Samaj Mandir, Vijay Nagar, Ghaziabad on 22.06.2016. The petitioner has placed on record the conversion certificate relating to his wife, Ariba @ Jyoti (who is hereinafter referred to as the detenue) as Annexure 4 to the writ petition, at page no.33 of the paper book. Likewise, placed at page no.34 is the photostat copy of a marriage certificate issued by the Arya Samaj Mandir, Greater Noida, Gautam Budh Nagar.