SWETA PRIYADARSHINI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner who is daughter of respondent nos. 4 and 6 has moved this Court under Article 226. of the Constitution of India for issue of a writ in the nature of habeas corpus commanding the respondents to release her from the Remand Home, Gaighat, Patna.

(2.) THE relevant facts of the case are that respondent no. 6, the mother of the petitioner, lodged a first information report on 2.7.2000 against respondent no. 3 Satish Kumar and others for the offence under sections 363 & 366A/34 of the Indian Penal Code alleging therein that respondent no. 3 and others, kidnapped her daughter, the petitioner. The petitioner is not an accused in the said case. Her statement under section 164 of the Code of Criminal Procedure was recorded by the Judicial Magistrate. She in her statement under section 164 of the Code of Criminal Procedure stated that she married respondent no. 3 on 4.1.2000 out of her free will and without any coercion in a temple at Baikunth Dham Mandir. The certificate of the priest is Annexure -4. On 5.1.2000 her uncle Ranjit, her father and other family members came and took her to their house. They removed Mangal sutra, vermillion, Bangles etc, and said that no marriage has been solemnised. They used to assault during the stay and were saying not to live with respondent no. 3. However, she ran away from the house on 27.6.2000 at about 1 A.M. and went to the house of her husband, respondent no. 3. On 2.7.2000 her husband was arrested. She has not been kidnapped and she out of her free will married respondent no, 3. The allegation against her husband is false and concocted as she solemnised marriage out of her free will. She was examined by the Doctor on the direction of the court. The doctor after holding radiological test came to the conclusion that she is aged about 17 to 19 years. On 12.12.2000 she was produced from the Remand Home before the Chief Judicial Magistrate. She stated before the court that she was major and she does not want to go to her parents. She may be released from the Remand Home. The informant of the case protested release of the petitioner from the Remand Home on the ground that she is minor. The court considering the report and the other documents produced by the parties came to the conclusion that she is major and accordingly released the petitioner from the Remand Home and directed to take her to her parents and to obtain a written receipt from the parents. Pursuant to the order of the court the petitioner was taken to her parents but the parents refused to accept her and as such she was again taken to Remand Home. The report of the authority is Annexure -6 to the petition.

(3.) PURSUANT to the order dated 19.4.2001 the petitioner was produced from the Remand Home. Respondent nos. 4 & 6 are present physically in the Court. Respondent no. 3 is also present physically in the Court. The petitioner is a young girl and from look she appears to be major. In presence of parties and their counsel the court put questions to the petitioner. She stated in presence of the parties and their counsel that she married respondent no. 3, Satish Kumar, out of her free will and without any coercion on 4.1.2000. She is curious to live with respondent no. 3 as husband and wife and she would not go to her parents.The Court pursuaded her to live with her father and mother but she refused to live or go with her father and mother. She stated that her parents used to assault and torture. They also threatened to kill her. She is major and out of her free will she married respondent no. 3 and accordingly requested to release her from the Care Home and allow to go with respondent no. 3 from the Court itself. The Court also put questions to respondent no. 3. He categorically stated that he out of his free will married the petitioner and is ready to keep the petitioner as wife with all dignity and protection. He is employed as salesman in cloth shop and getting Rs. 3000/ - per month. He will not create nuisance or torture the petitioner in any manner if she is allowed to live with him as husband and wife. The mother of respondent no. 3 on question stated that she is fourth grade employee in Bihar State Electricity Board and getting salary. She has no financial problem. The petitioner is her daughter -in -law. She will keep her with dignity and respect as her daughter -in -law. She will not create trouble or torture her in any manner. She has sufficient means to keep the petitioner as daughter -in -law with respect and dignity. The mother and father of the petitioner i.e. respondent nos. 4 & 6 accepted that when she was taken to their house they did not accept her as she was refusing to live with them.