STATE OF MAHARASHTRA Vs. BILLI

JUDGEMENT

(1.) ONE Dhanau made an application under Section 552, Criminal P. C. R the Additional District Magistrate, Bilaspur, praying that the latter should make an order for the immediate restoration to him of his minor wife Mst. Para-buli who is at present living with her father Billi.

(2.) THE allegations in the application were that Billi was a greedy fellow, that he had already carried on negotiations for getting Parabuli married in 'churi' form to some other person and that if she remained with Billi he (Billi) would take money and get her married in 'churi' form to some other person. Billi denied these allegations and stated that he was not sending Parabuli to her husband's place because the customary 'gauna' ceremony had not taken place.

(3.) THE learned Additional District Magistrate disbelieved the witnesses examined by both the parties as they were highly interested and their evidence did not give any clear idea about the matter; and yet the learned Magistrate passed the following order: According to the non-applicant himself the girl is minor and in my opinion the legal guardian of the girl after marriage is the husband. The mere fact that 'gauna' ceremony has not been performed, in my opinion, should not justify retention of the girl by the father-in-law. This is marriage season now and if really the non-applicant wants to perform the 2nd marriage, he can do so within 2 months from the date of this order and in case if he fails, then the girl will be returned to the husband immediately. In no circumstances the non-applicant will negotiate this girl's marriage by 'churi' with anybody else during this period.