- (1.) THE daughter of the petitioner appeared before us alongwith the respondent No.4 yesterday and having regard to the circumstances, the following order was passed directing recording of her statement under Section 164 Cr.P.C. and her medical examination:- "The petitioner is present-in-person. The daughter of the petitioner has appeared before us alongwith the respondent No. 4 and has asserted that she has contacted marriage with him; and that she is major in age. It is also submitted that both the respondent No. 4 and the daughter of the petitoner are at present putting in a hotel at Jodhpur. We have gone through the case diary. We have conferred with the daughter of the petitioner in camera and thereafter also permitted her parents to confer with her. Prima facie, the daughter of the petitioner has maintained that she had contacted marriage with the respondent No. 4 of her own accord and wants to live with him only. However, having regard to the circumstances of the case, we consider it appropriate that before proceeding further in the matter, the requisite parts of investigation be carried out and for that purpose, her statement under Section 164 Cr.P.C. be recorded as also her medical examination for the purpose of age determination be also carried out. The IO concerned is directed to produce the daughter of the petitioner before the Chief Judicial Magistrate, Jodhpur District, Jodhpur for recording her statements under Section 164 Cr.P.C. today itself. Her medical examination be also got carried out at the earliest. The Chief Judicial Magistrate shall send the statement recorded under Section 164 Cr.P.C. in a sealed cover to the Deputy Registrar (Judicial) of this Court to be produced before us tomorrow. The medical report be also obtained by tomorrow. List the matter tomorrow, i.e., 13.08.2013."
(2.) TODAY , the Dy. Registrar (Judl.) has placed before us the statement of the daughter of the petitioner recorded by the CJM, Jodhpur District on 12.08.2013. The medical report on age determination has also been forwarded by the Medical Jurist, MG Hospital, Jodhpur. In the medical report, the opinion is that the age of the daughter of the petitioner is between 20 to 22 years. She has also asserted her age to be 22 years. The transfer certificate of the school also appears to be carrying her date of birth as 01.07.1991. Having regard to the material available and having conferred with the daughter of the petitioner, prima facie, she appears to be major and above 20 years of age.
(3.) TODAY again on being asked, the daughter of the petitioner has specifically declined to go with the petitioner and has expressed her desire to go with the respondent No.4 only.;