ADITI SINGH TOMAR Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Phaujdar, J. The present peti tion for issuance of a writ of habeas corpus has been filed by one Yogesh Chandra for production -of Aditi Singh Tbmar, daughter of Shri Akhilendra Singh Tomar in Court. Sri Yogesh Chandra has alleged that he is the husband of Aditi and she had been wrongfully detained by her father, Sri Akhilendra Singh Tbmar, and she should be set free from that illegal custody. It has been stated that Yogesh and Aditi got married on 23-1-1998 in the Ram Temple at Renukoot, District Sonbhadra. How ever, the father of the girl did not accept the marriage. When the couple came to Varanasi for registration of the marriage, they entered into an agreement of mar riage before a notary in which date of birth of the girl was shown as 29-1 -79, as per her High School Certificate. However, regist ration of the marriage was denied as the girl was suspected to be under age. There ad been a report to the police at the instance of the father of the girl and police had taken the boy and the girl to the police station wherefrom the father of the girl managed to take her daughter with him.

(2.) ON the date of presentation of this petition, appearance was made on behalf of the father of the girl, and it was asserted on his behalf that the girl was born on 29-1-1981 and not in 1979. It was further stated that there was no marriage between the boy and the girl, as asserted by Yogesh. The original High School certificate was shown to the Court which indicated the date of birth of the girl as 29-1 -1981.

(3.) IN view of the above, while dismiss ing the present petition, I direct that Yogesh is to pay a cost of Rs. 3,000/- to the father of the girl Aditi, within a period of 15 days, failing which it will be realized by the Chief Judicial Magistrate, Sonbhadra, as fine. A copy of this order may be given/to either of the parties within two days of making of a proper application there for. Petition dismissed. .