HIGH COURT OF MADHYA PRADESH
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(1.)ON 24-7-1953, one Shriniwas, son of Basantilal Mahajan, approached the District Magistrate, District Indore, complaining that his wife Shantabai who was a minor, about 14 years of age was taken away from his house by her father Badrilal in his absence and without his consent along with ornaments which were with her. He further alleged that Badrilal had detained Shantabai illegally and for unlawful purposes. He prayed for her release from detention and her restoration to him immediately. Along with the complaint, Shriniwas filed an affidavit in which he has stated that he was married to Shantabai on 19-1-1953. Some time after the marriage Badrilal began to demand money and as it was not paid lodged a complaint against him which was dismissed. Badrilal thereafter approached the District Judge, Indore, for possession of Shantabai Under Section 25, Guardians and Wards Act. That application was also dismissed by the Additional District Judge, Indore, on 15-4-1953,
(2.)IN the affidavit it was further averred that about 5 or 6 days before the complaint was lodged Badrilal went to the complainant's house and during his absence removed Shantabai along with her ornaments. It was further stated in the affidavit that Badrilal had detained Shantabai in his own house at Kalsada in Tehsil Dhar. The petitioner went to Badrilal at Kalsada and asked him to restore his wife but was in reply told that arrangements were being made for her second marriage elsewhere.
(3.)THE learned District Magistrate after going through the complaint was not satisfied that 'prima facie' case for issuing further order was made out. He therefore asked the petitioner to adduce 'prima facie' evidence. On 28-7-1953, Shriniwas examined himself and two more witnesses on his behalf. The learned Magistrate was still not satisfied that Shantabai was unlawfully detained by Badrilal and dismissed the complaint.
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