- (1.) SHRI Nagarmal Kumawat, Sub Inspector/S.H.O. Kotkasim, District Alwar, SHRI Riyaz Mohammad, Head Constable and Smt. Poonam Choudhary, Lady Constable, belt No.7152 are present in person before this Court.
(2.) IN pursuance of our order dated 09.04.2012 detenue- Kumari Sona @ Sonam has been produced before us from the care of Superintendent, Children Home, Gandhi Nagar, Jaipur. Detenue's parents viz., Shri Ramesh Dagar and Smt. Meena Devi are also present in person before this Court. We inquired from her parents whether or not they are willing to accept the care and custody of their minor daughter- Sona @ Sonam, whose date-of-birth, as per the School record is 08.03.1999. Both; Ramesh Dagar, father of minor as well as Smt. Meena Devi, mother of minor, have declined to accept the care and custody of their daughter - Kumari Sona @ Sonam. So far as Jeetram, the petitioner is concerned, though he claims that he is legally wedded husband, but looking to the fact that the date-of-birth, as per the School record of Kumari Sona @ Sonam, the detenue is 08.03.1999, according to which she is a minor and less than 18-years of age, no such marriage can have any recognition in the eye of law. In view of the above, Jeetram, the present petitioner cannot be allowed the custody of the detenue-Kumari Sona @ Sonam. Moreover, Sonam has also refused to accompany the petitioner. Respondent No.4 - Amit son of Shri Badleram is also represented by his respective Counsel - Shri Dinesh Pathak, who states that Amit is willing to take the custody and care of the detenue - Kumari Sona @ Sonam and that Kumari Sona @ Sonam and Amit have entered into marriage on 09.01.2012. This is also come in the report made by the Police to the A.C.J.M. Kishangarhbas, Alwar, which has been filed as Annexure-4 dated 11.02.2012 that Amit and Sona @ Sonam entered into marriage at Palwal in Haryana.
(3.) THE letter of the Superintendent, Children Home, Gandhi Nagar, Jaipur, which was shown before us by Shri Rajendra Yadav, learned Government Advocate appearing on behalf of the State indicates that Kumari Sona @ Sonam was medically examined and she is reported to be pregnant. Mr. Pathak, learned counsel appearing on behalf of Amit, respondent No.4 states that the child belongs to Amit since Sona @ Sonam has been living with Amit for over four months. He further states that in view of the fact that the detenue is married to respondent No.4 her care should be entrusted to Amit. We have considered the matter in the light of the facts, which have come on record. ;