LOKUMAL KISHINCHAND MANGHNANI- ACCUSEDS Vs. VIVEK ARYA

JUDGEMENT

(1.) THE petitioners have filed this Criminal Revision application challenging the legality and correctness of an order, dated September 20, 1971 passed by the learned Presidency Magistrate, 14th Court. Girgaum, Bombay under Section 100 of the Code of Criminal Procedure in Criminal Case No. 162/S of 1971 pending before him.

(2.) THE first petitioner Lokumal and the second petitioner Laxmibai are the parents and the third petitioner Kishinchand is the paternal grandfather of a young lady by name Kamini, who is now aged about nineteen years. The first respondent Ellis is a handsome young man aged about twenty -one years and by birth he is a Jew, Kamini and Ellis were studying in Hill Grange High School, Bombay and during the years 1966 to 1968, they were in the same class. Being classmates they, became acquainted with each other and their acquaintance soon developed into close friendship. Their mutual attraction became so strong that they eventually decided to marry and live together as husband and wife. Both of them passed the Secondary School Certificate. Examination held in March or April 1968. Kamini thereupon joined Sophia College. Bombay and in January 1969. Ellis was sent by his parents to Canada for further studies. After going to Canada, Ellis pursued his studies and he also took up some employment. Kamini and Ellis were writing letters to each other and their correspondence shows that they did not give up their original idea of getting married and living together as husband and wife. Ellis, ultimately came to Bombay on a short leave on October 17, 1970 for the purpose of marrying Kamini and taking her with him to Canada.

(3.) AFTER he came to Bombay Ellis came to know that being a Jew he could not marry Kamini who was a Hindu. Ellis got over this difficulty by getting himself converted to Hinduism and on November 2, 1970, he and Kamini went through a form of marriage according to Vedic rites at Arya Samaj Mandir, Vithalbhai Patel Road Bombay 4. After the marriage. Ellis and Kamini stayed together at some friend's place. Kamini's parents and other relations, however, did not know anything about these developments, they having been kept completely in the dark about these things from the very beginning. After having stayed with Ellis for six days after the marriage. Kamini returned to her parents. Ellis made arrangements to go back to Canada and took out a Passport for Kamini. He was, however, persuaded by one of Kamini's relations not to take her to Canada immediately and, therefore. Ellis alone went to Canada on November 18, 1970. He was seen off at the air -port by Kamini, her father Lokumal, sister Meeta and her husband Ghanshyam. After Ellis went to Canada leaving Kamini with her parents at Bombay, he and Kamini continued writing letters to each other us before. During this period Ellis's parents also went to Canada and stayed there for some time. They, however, decided to return to India. Ellis also came along with them to Bombay on April 22, 1971.