IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.504 of 2009 RISHI KUMARI @ NISHI DEVI W/O Dharmendra Kumar, D/o Late Pashupati Sahni, resident of Village – Sarottar PS Dumariya Ghat, Distt. East Champaran ……. Petitioner Versus 1. THE STATE OF BIHAR 2. The Superintendent of Police, East Champaran 3. Officer in Charge, Dumariya Ghat PS East Champaran 4. Superintendent, Govt. North Remand Home, Gaighat, Patna 5. Most Samintri Devi W/o Late Pashupati Sahni resident of Village Sarottar, PS Dumariya Ghat, District East Champaran 6. Dharmendra Sahni S/o Birendra Sahni, r/o Vill. Sarottar, PS Dumariya Ghat, Distt. East Champaran ….. Respondents ----------- 05- 9.9.2009 Heard Mr. Arun Kumar Sinha for the petitioner, Mr. Amarendra Kumar, learned AC to AAG IV for respondent nos. 1 to 4, Mr. Rajendra Narayan for respondent no.5, and ms. Anuradha Singh for respondent no.6. In pursuance of the earlier order of this Court, the petitioner, respondent no.5, and respondent no.6 are personally present. The petitioner is under the care and custody of the Remand Home and is present in court accompanied by a lady escort of the Home. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. We have interviewed the petitioner, respondent no.5, and respondent no.6 separately in camera. The petitioner claims to have married respondent no.6. She is the daughter of respondent no.5. It appears to us on a perusal of the materials on record that the petitioner and respondent no.6 married according to the Hindu rites on 12.2.2009, and their marriage has also been registered under the provisions of the Hindu Marriage Act, on 12.2.2009. Photocopy of the marriage - 2 - certificate is Annexure-1 to the writ petition. Learned counsel for the petitioner has also produced before us the original of the marriage certificate. A photocopy of the petitioner’s statement under Section 164, Cr.P.C. is marked Annexure-2 to the writ petition, wherein she has stated that she has willingly and out of free will married respondent no.6. It further appears from a perusal of the same that she was at least 19 years of age on 25.2.2009. It is stated in the counter affidavit of respondent no.6 that he is aged 21 years of age. The petitioner as well as respondent no.6 have during the course of their separate interview in camera stated that they are happily married and she wants to join her husband in her matrimonial home. Respondent no.5, the petitioner’s mother, strongly opposes the marriage for two reasons. Firstly, they are neighbours and are related. On a deeper probing, it appears to us that there is really no relationship between them. Respondent no.5 has clearly stated that there is no relationship between her family and the family of respondent no.6, and have maintained somewhat social relationship which is usual in our villages. Her second objection is that respondent no.6 is implicated in a criminal case for theft of a motor cycle of a local lawyer. In her estimation, respondent no.6 is, therefore, unfit to be the petitioner’s husband. 3. In the facts and circumstances of the case, it appears to us that the petitioner and respondent no.6 are validly married husband and wife, and the marriage has been consummated. In that view of the matter, the petitioner is released from the care and custody of the - 3 - remand home, and is permitted to go to her matrimonial home with respondent no.6. 4. The writ petition is accordingly disposed of. ( S K Katriar ) (Jyoti Saran) mrl