IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.313 of 2011 SHATRUGHAN PRASAD SINGH @ TANIK LAL SINGH Versus THE STATE OF BIHAR & ORS ----------- 2 15-3-2011 Petitioner is father of Ajnish Kumar @ Tony Kumar, respondent no.6. He claims that his son respondent no.6 has married respondent no.5 who is daughter of respondent no.4 but respondent no.4 is not permitting respondent no.5 to reside with her husband and hence this Court should order for production of respondent no.5 so that she may live with her husband out of her free will. It appears that a criminal case has also been lodged by respondent no.4 against respondent no.6 and some others for allegedly kidnapping respondent no.5 who is alleged in the F.I.R. to be aged only about 14 years on 1-7-2009 when the F.I.R. was lodged leading to Begusarai (Town) P.S.Case No. 252 dated 1-7-2009. According to petitioner now the girl wants to live with respondent no.6 and that should be permitted by respondent no.4. In our considered view, the crucial issue in this case is age of the girl and validity of the alleged marriage and for 2 establishing these issues of facts the husband, respondent no.6 should initiate an appropriate proceeding if necessary, before the concerned Family Court. The petitioner only being father-in-law cannot maintain writ petition of the present nature when the husband, respondent no.6 is alive. The writ petition is misconceived and it is dismissed accordingly. Naresh ( Shiva Kirti Singh, J.) ( Gopal Prasad,J)