- (1.) BARKAT Ali Zaidi, J. The facts of this petition under Article 226 of the Constitution of India, are that a girl Anjum Parveen daughter of Opp. Party No. 3 Mehandi Hasan from village Sajini Police Station Jogiya Udaiyapur District Siddharth Nagar was initially engaged to the accused-petitioner No. 1 Abdul Hameed alias Babbu, who was residing nearby. The father of the girl decided not to marry his daughter to petitioner Abdul Hameed and settled her marriage with another person, who was already married and has issues from her earlier marriage.
(2.) THE girl Km. Anjum Parveen, went to the house of petitioner Abdul Hameed and thereafter they proceeded to Nepal and got themselves married according to Muslim rites, and where the petitioner Abdul Hameed commenced working as a tailor, and they both continued to reside there as husband and wife. Subsequently, they learnt that the police had arrested the father of Petitioner Abdul Hameed, which brought the couple back to their native-cot and then the police did, what it usually, is inclined to do in such cases. They took the girl in their custody, foisted a case against petitioner Abdul Hameed, his parents and two others. The question arose about the age of the girl while deciding her custody, which the Chief Judicial Magistrate, Siddharth Nagar vide order dated 2-3-2007 and subsequently, Sessions Judge, Siddharth Nagar in revision, vide order dated 20-4-2007, decided to the effect, that she was a minor.
(3.) THE evidence before the Chief Judicial Magistrate, about the date of birth of the girl, was entry in the Pariwar Register, as given 10-11-1992. As against it, a report (dated 1-3-2007) of the Chief Medical Officer, Siddharth Nagar, after the examination of the girl, was that she was around 18 years of age. THE girl herself in her statement under Section 164 Cr. P. C. , dated 1-3- 2007, stated that she was 18 years of age. The Chief Judicial Magistrate, relied on the date of birth, given in the Pariwar Register and held the girl as minor and ordered to send her to Nari Niketan.;