Madhya Pradesh High Court
Achhelal Rai vs The State Of Madhya Pradesh on 5 February, 2018
THE HIGH COURT OF MADHYA PRADESH WP-2454-2018 (ACHHELAL RAI Vs THE STATE OF MADHYA PRADESH) Jabalpur, Dated : 05-02-2018 Shri R.P. Dwivedi, Advocate with Shri Hamant Namdeo, Advocate for petitioner.
Shri Girish Kekre, Government Advocate for the State. Corpus namely Kajal Rai is produced by Shri Lakshmi Prasad sh Vishwakarma, Assistant Sub Inspector and Ms. Meena Dhurve, Head Constable, Police Station Barahi, District Katni. Petitioner, who is the e ad father of corpus, states that she is aged 19 years but the mark-sheet of 10th Class of the girl, which is available on record shows that her date Pr of birth is 10.4.2000 and the date of missing is 22.11.2017. On the said a date she was minor aged abut 17-1/2 years.
hy The corpus states that she has solemnized marriage with ad Bhaiyalal, aged 38 years. In fact, Bhaiyalal is the real brother of the father of the girl and her real uncle, therefore, this relationship comes M under the purview of prohibited degree and also may come within the of purview of Sapindas, therefore, it is not permissible.
All these aspects are required to be seen by the Investigating rt Officer. Apart from that the consent given by the girl cannot be said to ou be valid consent to which action which is permissible may also be C taken against her.
At present, the girl is not willing to go with her father, therefore, h ig she is directed to be sent to Swadhar Home, near Police Lines, H Jabalpur till she is released by the order of the competent Court.
As the corpus has been produced, therefore, nothing further survives in this matter. This Habeas Corpus petition has rendered infructuous, therefore, it is hereby dismissed as having been rendered infructuous.
(J.K. MAHESHWARI)
Digitally signed by JUDGE
PRADYUMNA BARVE
Date: 2018.02.05
17:42:56 +05'30'
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