AZHAR AHMAD SIDDIQUI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) As the Lawyers are abstaining from work today due to the call given by the State Bar council, the petition is being heard and decided on the basis of arguments advanced by both the sides.

(2.) Today, the corpus 'R' has appeared on her own volition before this Court and has levelled several allegations against the petitioner. She has levelled allegations against her own mother and brother saying that they used to beat her and that earlier also, she had made complaints to the Police. In order to substantiate her contentions, she has drawn the attention of this Court to the reply filed by the respondent No.6 in which he has stated that the corpus 'R' is not in illegal custody as she is a major aged 18 years. In support of his contention, the respondent No.6 has filed Annexure R/1 at page 12, which is a non-cognizable report under Section 155 Cr.P.C., which has been registered by respondent No.5 Mohammad Naeem Bux, in which the respondent No.5 has alleged that the family of the petitioner are opposing his marriage to the corpus 'R' and are threatening him with dire consequences if he tries to get married to the corpus R.

(3.) On page 15 is Annexure R/2, an affidavit stated to have been executed by the corpus 'R' in which she has stated that her age is 18 years, having been born on 25.1.2000. Thereafter, Annexure R/3 at page 24 of the reply is a birth certificate reflecting the date of birth of the corpus 'R' as January 25, 2000. On page 25 is Annexure R/4, which is the "Nikahnama", conducted between the corpus 'R' and the respondent No.5. On page 29 is the order of the Registrar of Births and Deaths, dated 29.11.2017, in which the date of birth of the corpus 'R' is reflected as 25.1.2000. Page 31 is Annexure R/6, which is an order passed by this Court on 16.4.2018 in W.P. No.8085/2018 by which Police protection was directed to be given to the respondent No.5 and the corpus 'R' upon producing documents relating to age proof and marriage. On page 38 is Annexure R/7, which is a copy of the Aadhar Card of Corpus R which shows her date of birth as 25.1.2000.