OM PRAKASH Vs. STATE OF M P

JUDGEMENT

(1.) RESPONDENT No. 5 is not present, even Mrs. Pooja is also not present as directed by this Court on 19. 6. 2006. In fact, Mrs. Pooja w/o Puran, respondent No. 5 and daughter of petitioner Om Prakash was produced before this Court on 19. 6. 2006. She stated before this Court that she wants to live with her husband, respondent No. 5. Contention of the petitioner is that he married her daughter Pooja with respondent No. 5, three years before and she was living with her husband but thereafter husband and his family members started demanding dowry, i. e. , motorcycle, gold, and cash amount of Rs. 50,000 and also started torturing and beating her daughter. On 8. 12. 2005, when Pooja, daughter of the petitioner was in the house of petitioner, 8 to 10 persons armed with gun including respondent No. 5 came to the house of the petitioner and kidnapped his daughter under the point of the gun. Thereafter he lodged the police report, but no action was taken.

(2.) THIS Court on 19. 6. 2006 after recording the statement of Mrs. Pooja and considering the fact that she was recovered from the custody from her husband and was also residing with her husband allowed her to stay with her husband. In view of this fact that she is major and the petitioner himself performed the marriage of her daughter Pooja with respondent No. 5, who is the husband of Pooja and if she is residing with her husband wilfully, it can not be said that her custody is unlawful or any such petition under such circumstances is maintainable.

(3.) UNDER these circumstances, this petition cannot be survived and no direction can be given to the respondent No. 5. If the petitioner, who is the father of Mrs. Pooja is having any reliable information about practising cruelty or torture, he may approach the police authorities and if any such complaint is filed, the concerned police authorities shall look into the matter and take appropriate action thereon.