SAKIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this writ petition, the petitioner has claimed the custody of respondent no.7. He states that he was in love with this girl. One day, upon alleged mistreatment by her uncle and her father on coming to know that she had fallen in love with a muslim boy, she ran away. An FIR was instituted as against the petitioner for kidnapping her alleging that she was a minor. After a month she appeared and the police took her to magistrate for recording her statement under Section 164 CrP.C. In that statement she is said to have disclosed that as she was in love with a muslim boy, her parents and uncle used to mis-treat her. She then persuaded the petitioner to marry her. The petitioner was reluctant but ultimately agreed. They went to Calcutta. She converted into muslim and they got married.

(2.) It may be noted here that while she was in police custody, as per Court's order she was sent for medical examination. The medical report finds her age to be 15-16 years as alleged by her parents. We asked her as to who gave this idea to convert into muslim, she said that as the petitioner could not and was not ready to convert into Hindu, she agreed to become a muslim. We asked the lawyer of the petitioner whether a minor Hindu girl can convert into a muslim, his answer was in the negative.

(3.) Let it be noted that the proceedings were carried out in camera in chambers.