MANGI LAL Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) This criminal misc. petition under section 482 Crimial P.C. is directed against the order dated 18.4.2006 passed by the Judicial Magistrate, Marwar Junction (for short 'the trial court' hereinafter) in Crime Report No.40/2006, whereby on production of Santosh, wife of non-petitioner No.2 and upon hearing and knowing her desire, the trial court allowed her to go with her husband. The S.H.O. was directed to safely take her to her husband at village Siryari and leave her at the custody of her husband. Aggrieved by the order impugned, the petitioner, who is father of Santosh, filed the instant petition.

(2.) I have heard learned counsel for the parties.

(3.) Smt. Santosh is present in Court. She has stated that she was married four years ago to non-petitioner No.2 Chimna Ram and since the date of her marriage with Chimna Ram, she is legally wedded wife of non-petitioner No.2 Chimna Ram and, therefore, she at her own, went with Chimna Ram and has been living with him as his wife. She made a statement under section 164 Crimial P.C. before the Judicial Magistrate, Sojat on 25.4.2006 stating therein that she is 20 years of age and she studied in the school, however, subsequently, discontinued the study. She was married to non-petitioner No.2 four years ago on the festival known as "Akhateej". However, when she came to know that her father, the petitioner, instead of sending her with her husband, is planning to marry her with someone else on account of some dispute between her father and her father-in-law. The moment she came to know the design of her father of sending her with someone else, she contacted her husband and went with her husband at her own apprehending that in case she continued to stay with her father she was likely to be sold to someone else for a sum of Rs. 3,00,000.00. Be that as it may, in her statement, she has categorically stated that she went with her husband with her freewill and has been living at Hyderabad where her husband is running a shop. She expressed her desire to live with her husband Chimna Ram. Apprehending that if she is handed over to her parents, she is likely to be sold to some else or murdered.