LAWS(ORI)-2016-3-74

NIYAZUDDIN KHAN Vs. STATE OF ODISHA AND OTHERS

Decided On March 31, 2016
Niyazuddin Khan Appellant
V/S
State of Odisha and Others Respondents

JUDGEMENT

(1.) Ume Kulsun has been produced before us by her father who is also present along with her. Learned Additional Government produced before us the copy of the statement under Sec. 164, Crimial P.C. recorded by SDJM, Talcher in G.R. Case No. 1068 of 2015. According to the statement, Ume Kulsun was having affair with Manoj Gochhayat and on her own volition she has married with Manoj. We do not want to mention further details of her statement under Sec. 164, Cr.P.C.

(2.) Ume Kulsun is a student of +3 1st Year (Arts) of Pabitra Mohan College, Rengali. Before the Magistrate, she has stated her age to be 19 years. When questioned in the Court, she has stated that she is 19 years.

(3.) Be that as it may, she is major even according to Muslim Law. On being questioned in open Court, Ume Kulsun states that she does not want to stay with Manoj Gochhayat any more. In cases like the present which is of infatuation, where two persons belonging two different religions falls in love, It creates a very difficult situation for the other person to get wriggle out of the law, when one of them changes the real facts. It is very easy for the women folk to level allegation of abduction and kidnapping in such matters.