ANIL KUMAR Vs. STATE OF J&K

JUDGEMENT

(1.) The instant revision petition is filed by one Anil Kumar S/o Sh. Ram Ditta R/o Village Thalwal, Tehsil Mandal, District Jammu against the order dated 06.10.2016 of learned Special Excise Magistrate, Jammu, allowing the application filed by Jissa Ram, father of Shilpa Devi, for handing over the custody of Shilpa Devi who was kept in Apna Ghar, Kachi Chawni, Jammu on suparadnama as also against order dated 12.07.2016 passed by the learned Magistrate dismissing the application filed by Anil Kumar, husband of Shilpa Devi for the release of Shilpa Devi W/o Anil Kumar from the custody of Incharge Apna Ghar, Kachi Chawni, Jammu, and allow her to join the society of her husband or otherwise according to her choice.

(2.) It is stated in the petition that the petitioner is the husband of respondent No.3 Shilpa Devi and the marriage between the parties was solemnized on 08.03.2016 in accordance with Hindu Rites. That before solemnization of the marriage, respondent No.3 was got medically examined from Arora X-Ray, Ultrasound, EEG and ECG Clinic, opposite SMGS Hospital Gate, Shalimar Road Jammu for determining her age and the Radiologist after conducting the test of different body bones including wrist, elbow& shoulder, has opined that the age of Shipla Devi was 18 years. That on 09.03.2016 respondent No.3, after filing a complaint against respondent No.2 and other relations, was returning back to her matrimonial house along with her husband, they were intercepted by the police and produced before the Court. The petitioner was taken to Police Station, Nowabad whereas respondent No.3 was sent to Apna Ghar, Kachi Chawni, Jammu and on the same day, respondent no.3 was medically examined by the police in Govt. Hospital Sarwal, Jammu, and after conducting ossification test on Shilpa Devi, the radiologist gave an opinion that her age was more than 16 years and less than 18 years. On 11.03.2016, the statement of respondent No.3 was recorded under Section 164-A Cr.P.C. and in her statement the age was recorded as 20 years and in her statement, she stated that she got married with Anil Kumar out of her free will and without any coercion.

(3.) It is further stated that the petitioner filed an application before the trial Court for release of respondent No.3 from custody of Incharge Apna Ghar, Kachi Chawni Jammu and allow her to join the society of her husband, but the trial Court dismissed the same vide order dated 12.07.2016 ignoring the fact and the law on the subject. Respondent No.2 (father of respondent No.3) also filed an application for handing over the custody of respondent No.3, which came to be allowed by the trial Court vide order dated 06.10.2016 directing the handing over of the prosecutrix to natural guardian father subject to his executing bond with additional surety who shall be responsible for causing any physical harm to the victim.