IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1150 of 2010 JYOTI KUMARI, D/O GANESH SAH, RESIDENT OF VILLAGE – BARIYARPUR, POLICE STATION- BARIYARPUR, DISTRICT – MUZAFFARPUR, PRESENTLY WIFE OF NEERAJ KUMAR, SON OF UMESH PASWAN, RESIDENT OF HUSSAINGANJ, POLICE STATION, BARH, DISTRICT – PATNA. …….. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH HOME COMMISSIONER, GOVERNMENT OF BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE, PATNA. 3. THE SENIOR SUPERINTENDENT OF POLICE, PATNA. 4. THE SUB-DIVISIONAL POLICE OFFICER, BARH. 5. THE SUB-DIVISIONAL OFFICER, BARH. 6. THE THANA INCHARGE, POLICE STATION, BARH. 7. MR. JITENDRA SAH, SON OF MADAN, RESIDENT OF HUSSAINGANJ, P.S. BARH, DISTRICT – PATNA. 8. MR. GANESH SAH, SON OF SHANKAR SAH, RESIDENT OF VILLAGE – BARIYARPUR, P.S. BARIYARPUR, DISTRICT – MUZAFFARPUR. ………… OPP. PARTIES. ----------- 03/ 15.11.2010 Heard counsel for the petitioner and the State. This application has been filed by one Jyoti Kumari for issuance of a writ of habeas corpus and directing the respondent-authorities as well as Respondent No. 7, Jitendra Sah to allow her to live with her husband Neeraj Kumar with whom she has solemnized her marriage, who is a person of her choice. The petitioner has annexed her matriculation certificate issued by Bihar School Examination Board, Patna along with the writ application in which her date of birth has been described as 1st December, 1993. On the basis of her age disclosed in the matriculation certificate, she is still a 2 minor. Respondent No. 7, as disclosed by the petitioner herself in her writ application as well as in different documents annexed with the writ application, is her father. In this circumstance, cannot be held that if the Respondent No. 7 is trying to restrain his daughter from taking any undesirable steps, he is illegally detaining his daughter. Respondent No. 7, Jitendra Sah, as described in the matriculation certificate of petitioner, in her mark sheet issued by Bihar School Examination Board, in her admit card (Annexure-3) as well as affidavit sworn by the petitioner (Annexure-4) is her father and as such, is entitled for custody of his daughter, who is still a minor. In case of a minor girl, she can be restrained by her father from taking any decision of her life for which she is legally, and mentally not mature. No direction can be issued, to Respondent No. 7, in the facts and circumstances of the case to release the petitioner in favour of any person, with whom either she wants to marry or claims to have solemnized her marriage. The application filed by the petitioner addressed to Officer- in-charge, Barh police station discloses that she is not married till now but wants that she may be allowed to 3 solemnize her court marriage with the boy of her own choice, namely, Neeraj Kumar. Admittedly, she is not a legally wedded wife of Neeraj Kumar, and she is minor as such being the daughter of Respondent No. 7, petitioner cannot be allowed to go in the company of Neeraj Kumar against the wishes of her father, as this is not permissible under the law. A minor cannot be allowed to be taken away from the legal guardianship of his/her parents, without their consent for the same. The writ application filed by the petitioner, for issuance of a writ of habeas corpus and for allowing her to be released from the custody of Respondent No. 7 is not maintainable. This application is dismissed. DKS/ (Mridula Mishra, J.) (Dharnidhar Jha, J.)