- (1.) INSTANT Habeas Corpus Petition has been filed by so -called alleged husband of the detenue and his grievance is that his legally wedded wife, with whom marriage was solemnized on 23.01.2015, has been illegally detained by her parents and it has been prayed that she should be released from their custody and handed over to the petitioner.
(2.) IN support of his contention that the detenue is his legally wedded wife, with whom marriage was solemnized on 23.01.2015, a certificate of Arya Samaj has been placed on record and there is no tangible evidence on record in addition thereto by which this court can draw an inference of their marriage being solemnized in accordance with the Hindu rites and customs which has to be registered under the Marriage Registration Act within 30 days of solemnization of marriage, which is always open for the Investigating Officer to examine in the pending inter se dispute going on between the parties.
(3.) THE facts, which reveal from the record, are that on a written complaint made by father of the detenue that his minor daughter has left home to plough the agricultural fields and did not return back on 19.01.2015 and she has been illegally abducted by the respondent Nos. 6 -9, FIR No. 5 Dt. 23.01.2015 came to be registered at Police Station Datwas, District Tonk for offence u/S. 363 and 366 IPC. The detenue was thereafter recovered and produced before the ld. Magistrate and father of the detenue Dev Narayan Gurjar and also the detenue moved separate applications for custody and the detenue prayed that she may be made free to stay at the place of her choice. Both the applications came to be decided by the ld. Magistrate vide order Dt. 29.01.2015 and while rejecting the application filed by father of the detenue Dev Narayan Gurjar, the application of the detenue came to be allowed and taking note of the medical certificate regarding her age, which came on record, a prima facie view was expressed by the ld. Magistrate that the detenue has attained the age of majority, which is still open for the Investigating Officer to get her ossification test conducted for determination of her age for taking further action in reference to the FIR No. 5 Dt. 23.01.2015, taking note thereof the ld. Magistrate dismissed the application of father of the detenue and granted liberty to the detenue to stay at the place of her choice and also directed to grant adequate security to her.;