- (1.) This is a petition under Article 226 of the constitution of India by two petitioners claiming protection to their married life on the ground that they are both majors and have married of their own free will, but their life is being disturbed by the respondents. On the first date when the petition was taken up, learned Standing Counsel on the basis of the instructions received by him had informed the Court that a First Information Report/N.C.R. has been lodged against petitioner no. 2 under Section 498 IPC.
(2.) Learned counsel for the petitioners was accordingly directed to file an affidavit of the petitioner no. 2 clarifying his marital status at the time of the alleged marriage with the petitioner no. 1. Accordingly, affidavit of petitioner no. 2 was filed stating he had married petitioner no. 1 and he was not married to any one earlier. Sri Kaushlendra Kumar, learned counsel who had put in appearance on behalf of respondent no. 5, had stated that the petitioner no. 1 is in illegal detention of petitioner no. 2. She had not married him. The petitioner no. 1 had forced her to sign the affidavit filed in support of the petition.
(3.) In view of the above allegations made by the learned counsel for the respondent no. 5, petitioner no. 1 was directed to be produced before the Court. The petitioner no. 1 is present in Court. She has been identified by counsel for respondent no. 5, who is representing the father of the petitioner no. 1. Her identity is not disputed by the counsel for the petitioners. She states that she knows petitioner no. 2. He is the person who had forcibly taken her away and had detained her for many days. He had forced her to put signatures on the affidavit as well as vakalatnama. She had not married him at all. She also stated that she wants to go with her parents and live with them.;