SYED MAJID Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS Writ Petition is filed for a mandamus to declare the action of respondent Nos.2 and 3 in not considering the petitioner's representations dated 29-8-2012 and 15-9-2012 for handing over the custody of Mrs.Shama Begum-daughter of respondent No.4 (for short "the girl"), to the petitioner as illegal and arbitrary. The petitioner sought for a consequential direction to respondent Nos.2 and 3 to handover the custody of the girl to him.

(2.) I have heard Smt.S. Nanda, learned counsel for the petitioner, the learned Assistant Government Pleader for Women Development and Child Welfare and Sri K. Murali Krishna, the learned counsel representing Sri P. Veera Reddy, learned counsel for respondent No.4.

(3.) WHEN this case came up before the Court on 30-11-2012, this Court directed respondent No.3 to produce the girl before the Court. Accordingly, on 17-12- 2012, the girl was produced before this Court. When the girl was questioned in the open Court about her choice of stay, she has stated that she is willing to live with her husband, the petitioner. The respondents have, however, taken the plea that since the girl is below the age of 18 years, her option has no relevance and that the marriage of the petitioner and the girl cannot be recognized in law. While directing that the girl shall continue to be in the custody of respondent No.3, this Court has adjourned the case to enable the learned counsel for the parties to address on the question whether the marriage between the petitioner and the girl is a nullity. Today, at the hearing, Smt.S. Nanda, learned counsel for the petitioner, while submitting that the girl has crossed 18 years of age and hence she is a major, however, alternatively submitted that the girl has attained the age of puberty; that under the Mohammedan law, the marriage is only voidable at the option of the girl on her attaining the age of 18 years and that she has the option to live with her husband. In support of her submission, the learned counsel placed reliance on the Judgment of the Division Bench of the Patna High Court in Md. Idris Vs. State of Bihar and others and that of the Delhi High Court in Mrs. Tahra Begum Vs. State of Delhi and others. Since there is a serious dispute relating to the age of the girl, this Court is not inclined to delve into this controversial aspect, but it proposes to proceed on the assumption that the girl has not completed the age of 18 years and that she is a minor.