SIRAJUL HAQUE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition for hapeas corpus under Article 226 of the Constitution of India.

(2.) BRIEFLY stated the facts of the case are that Priti Tiwari passed her Secondary Examination in the year 1979 from the Board of Secondary Education, Rajasthan, Ajmer. In the certificate her date of birth is mentioned as 29th June, 1963. She also passed her Bachelor Degree in Arts in 1983, from the Rajasthan University and later on passed MA Examination in the year 1985 -86. After passing her examination, she took employment. She came in contact with Sirajul Haque while she was working with the petitioner in Kankariya Gas Service. It is stated by the petitioner Sirajul Haque that the petitioner and Priti Tiwari took a decision at their free will to remain as husband and wife for all purposes and a document was executed between them on 13th June, 1988, The petitioner filed a certificate of Secondary Examination and a certificate of having passed MA Examination from the University of Rajasthan. The learned Counsel for the petitioner has produced the original before the Court. In the petition the petitioner has further stated that the father of Priti Tiwari has filed an FIR which has resulted into registration of a criminal case under Section 366, I.P.C., in which the father has alleged that the age of Priti Tiwari is 17 years and the petitioner has abducted her and, thus, deprived the father from the lawful custody. If further appears the Addl. Chief Judicial Magistrate, Jaipur vide order dated 27th June, 1988, directed her to remain in the Government Rescue Home, Jaipur. Shri Ajay Purohit, learned Additional Government Advocate, has placed before me the order of the Magistrate directing to keep her in the Government Rescue Home.

(3.) THIS Court vide order dated 29th June, 1988, on the Habeas Corpus Petition directed the Superintendent, Government Rescue Home, Jaipur, respondent No. 2 to produce Priti Tiwari alias Sabana, daughter of Raj Kumar Tiwari before this Court on 1st July, 1988. In pursuance of the said order, Priti Tiwari has been produced before this Court today.