IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.365 of 2009 Yogendra Ram alias yogendra Kumar, son of Ram Lal Ram, Resident of village- Halsi, P.S. Halsi, District- Lakhisarai, presently posted as wireless operator, 62 Battalion, C.R.P.F., Chattisgarh. ..... Petitioner. Versus 1. The State of Bihar. 2. Md. Farooque Alam, son of Sattar Jafari, Resident of Naya Bazaar, Pachna Road, P.S. Lakhisarai, District- Lakhisarai. 3. Amzad Raza, son of Md. Ahmad Raza, resident of village- Halsi, P.S. Halsi, District- Lakhisarai. 4. The Director General of Police, Bihar, Patna. 5. The Superintendent of Police, Lakhisarai, Bihar. 6. The Officer in charge, Lakhisarai Karaiya, P.S. Lakhisarai. 7. Razia Sultan, D/o Md. Ahmad Raza, W/o Yogendra Ram @ Yogendra Kumar, permanent address, village- Halsi, P.S. Halsi, District- Lakhisarai. At present kept confined some where in Kolkata by Respondent no.2 and others ..... Respondents. ----------- 06- 5.8.2009 Mr. Suraj Narain Prasad Sinha for the petitioner, learned Additional Advocate General No.6 for respondent nos.1, 4, 5 and 6, and Mr. Ashraf Ansari for respondent nos.2, 3 and 7 are present. In view of our order dated 9.7.2009, the petitioner, respondent nos.2, 3 and 7 are personally present. 2. The petitioner claims to have married respondent no.7 as per the Hindu rites on 15.1.2008 in a temple at Koilwar. Photo copies of the photographs of the marriage have been placed on record, and the original photographs have been placed before us during the course of submissions. 2 They were married under the Special Marriage Act at Ara, on 24.5.2008. A photo copy of the marriage certificate is on record. The couple lived together happily like husband and wife for quite some time. Respondent no.7 had perforce to go back to her Naihar because her parents started criminal case against the petitioner and his family members. 3. We have today interviewed in Camera the petitioner and respondent no.7 separately. The petitioner wants to continue with the marriage, but respondent no.7 is unwilling to continue with the same even though we are convinced on the basis of the materials placed before us that they are lawfully married husband and wife. Both of them were major at the time of their marriage. 4. In that view of the matter, this writ petition is disposed of with the observation that it will be open to respondent no.7 to go back to her matrimonial home with consent of the petitioner, whenever she desires. It will be equally open to the parties to approach the civil court for appropriate relief. 5. The writ petition is accordingly disposed of. (S K Katriar, J.) (Jyoti Saran, J.) S.K.Pathak/