WP(C) 1557/2007 BEFORE THE HON’BLE MR JUSTICE D. BISWAS, CHIEF JUSTICE (ACTING) THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. AM Mazumdar, learned senior counsel for the petitioner and als o Ms. B. Goel, learned State Counsel. This application has been filed by the petitioner contending that the pe titioner married Musstt. Momotaj Begum, daughter of Muzamil Ali of Village - Nag akhal, P.S. Sonai as per the Islamic Rules and Regulations at Kahilipara, Guwaha ti on 13.3.2007 in presence of witnesses and an advocate determining Rs. 1 lakh as Mohor (dower money) after she attained the age of majority, as per the date o f birth recorded in the Admit Card of HSLC Examination. They have also applied f or registration of their marriage in the office of the Marriage Registrar at Guw ahati. In the meantime, the father of Musstt. Momotaj Begum lodged an ejahar bef ore the Sonai Police Station which has been registered as Sonai P.S. Case No.37/ 2007 under Sections 143/366(A)/506 I.P.C. alleging that the petitioner has kidna pped Musstt. Momotaj Begum. It would appear from the materials on record that th e G.R. Case No.581/2007 has been registered in the Court of the learned Chief Ju dicial Magistrate, Cachar at Silchar and the kidnapped person was also produced before the Magistrate. Her statement under Section 164 Cr.P.C. was recorded by t he learned Magistrate, Silchar. She has stated in her statement that they also g ot married by following the Islamic rights and rituals. She claimed in her state ment that she is aged about 18 years. In view of the above development and since the matter is pending with th e learned Magistrate at Silchar, we propose to dispose of this petition with dir ection to the petitioner to move appropriate application before the learned Chie f Judicial Magistrate for consideration and passing of appropriate orders regard ing custody of Musstt. Momotaj Begum and, on such application being moved, the l earned Chief Judicial Magistrate shall direct the parties to produce evidence ab out the age of the victim girl, determine the age and, if she is found to have a ttained the age of majority, she should be allowed to go with the person of her choice. This writ petition accordingly stands disposed of with the above observa tion/direction. A copy of this order be furnished to the learned counsel for the petitio ner during the course of the day on payment.