SHAMBHU KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed the writ petition stating therein that he married Arti Kumari, respondent No.2, out of her free will. It was Court marriage. The certificate of the marriage is Annexure 2. She was living with him as wife. She, lived with him till 2.7.2001: However she returned to the house of her parents. Thereafter, she was not allowed to go to the petitioner by respondent Nos. 3 and 4 and as such the writ petition was filed for release of respondent No.2 from respondent Nos. 3 and 4 and to allow him to live with respondent No.2 as husband and wife. Pursuant to the order of this Court, respondent No.2 has been brought by respondent No.3 the father. The petitioner and his father are also present in the Court.

(2.) In the counteraffidavit it has been stated that if respondent No.2 is willing to live with the petitioner as husband and wife respondent Nos. 3 and 4 would not have any objection. In the counteraffidavit it has been denied that respondent No.-2 lived with the petitioner. In presence of the petitioner respondent No.3 and learned counsel for the parties respondent No.2 admitted that she is major. Respondent NO.3 also admitted that respondent No. 2 is major. Respondent No.2 admitted the Court marriage and the certificate issued by the Marriage Officer she also admitted that she married the petitioner out of her free will and lived with him as husband and wife. She out of her own will had gone to respondent No.3 and was living there. However she is willing to live with petitioner as husband and wife. The petitioner also stated that he is ready to keep her as wife and in presence of all he stated that he would keep her with all dignity and would not misbehave her in any manner. Respondent No.3 also stated that he has no objection if respondent No.2 is willing to live with petitioner as wife. The father of the petitioner stated that he would keep respondent No. 2 as his daughter-in-law and would not torture her in any manner. The petitioner stated that he has filed Matrimonial case No. 228/2001 which is pending before the Principal Family Court. Sadar Patna. If respondent No.2 is allowed to live with him as wife he will withdraw the matrimonial case and other proceedings, if any initiated at his instance or at the instance of his father. The father of respondent No.2 has also made some Sanha etc. and in presence of all he stated that he would not pursue the said Sanha or any proceeding with respect to the marriage of respondent No.2 with the petitioner.

(3.) In view of the fact that respondent No.2 is major and she admitted the Court marriage. Annexure-2 and is willing to live with the petitioner as husband and wife. the Court has no option but to allow her to go with the petitioner and live as husband and wife. However it is made clear that the petitioner will keep respondent No.2 as his wife with all dignity and will not torture in any manner. The father of the petitioner will also keep her as daughter-in-law with all dignity and will not torture her in any manner. In view of the statement/undertaking given before the Court the parties shall withdraw the suit/proceeding if any pending with respect to the marriage of respondent No.2 with the petitioner. The writ petition with the direction I observation as indicated above is disposed of. Petition allowed.