Punjab-Haryana High Court
Yunus Khan vs State Of Haryana And Others on 19 December, 2013
Author: Amol Rattan Singh
Bench: Amol Rattan Singh
Crl.Writ Petition No.1247 of 2013 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.
Crl.Writ Petition No.1247 of 2013
Date of decision: 19.12.2013
Yunus Khan
... Petitioner
versus
State of Haryana and others
... Respondents
CORAM: HON'BLE MR. JUSTICE AMOL RATTAN SINGH.
Present: Mr.Sarfraj Hussain, Advocate,
for the petitioner.
Mr.Vikas Verma, AAG, Haryana
Mr.Rajesh Lamba, Advocate,
for respondent No.4.
...
AMOL RATTAN SINGH, J. (Oral)
The petitioner in this case is the father of the girl, who was allegedly in illegal custody and who has married against his will. Her age was in doubt, and on the last date of hearing, even the factum of a valid `Nikah', having taken place, was also put in doubt.
As per reply filed by the Additional Superintendent of Police, (Central), Faridabad, pursuant to the orders of this court on the last date, it has been stated therein that the Qazi, who performed the `Nikah', is duly authorized to perform it.
Obviously, to that extent, prima facie at least, the Nikah has been performed validly, subject to it being challenged by any competent person.
Since, prima facie, it seems to be a valid Nikah, and the girl is definitely above the age of puberty, as per her ossification test conducted in the Government Medical College and Hospital, Sector 32, Chandigarh, Praveen Kumar 2013.12.21 15:24 I attest to the accuracy and integrity of this document Crl.Writ Petition No.1247 of 2013 2 which shows her age between 17 to 18 years, and further that she had been residing with the person, whom she has married, for 5 months, before she was sent to the protection home, and as she herself has desired to live with her husband, she is ordered to be released from the Protection Home and restored to the custody of her husband, subject to his (her husband) depositing Rs.5.00 lacs as security in her name by way of a fixed deposit in a nationalized bank, for a period of 5 years, in view of the fact that she is below 18 years of age.
The above is being ordered in view of the fact that she is a minor in terms of the Prevention of Child Marriage Act, 2006, and the person, she is stated to have married, has also been married earlier once, as per learned counsel for the detenue, (and as per father of the girl, twice before).
Therefore, the girl would be restored to the custody of her husband upon his depositing Rs.5.00 lacs in her name, in a fixed deposit in a nationalized bank, as noted above.
A copy of the FDR will be deposited with the learned Registrar General of this court, after showing him the original thereof.
The petition is disposed of, subject to the above. A copy of this order be given to learned counsel for the parties, under the signatures of the Reader of this court.
19.12.2013 ( AMOL RATTAN SINGH )
pk JUDGE
Praveen Kumar
2013.12.21 15:24
I attest to the accuracy and
integrity of this document