IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.436 of 2011 Sayed Mazharul Islam, Son of Sayad Saiful Islam, resident of Ward No.9 Dharampur under Samastipur Municipal Area, Police Station Samastipur, District-Samastipur. –Petitioner. VERSUS 1. The State of Bihar through the District Magistrate, Samastipur. 2. District Magistrate, Samastipur. 3. The Superintendent of Police, Samastipur. 4. The Dy. S.P. Sadar, Samastipur. 5. Officer Incharge Samastipur Police Station. 6. Master Sayad Jamal Asgar, Son of Late Nurul Hassan, resident of Village- Rajwara, P.S.-Rosera (M), District-Samastipur, at present Ward No.2 Dharampur under Samastipur Municipal Area, P.S.-Samastipur, District- Samastipur. 7. Rehana Khatoon, Wife of Master Sayad Jamal Asgar, resident of Ward No.2 Dharampur under Samastipur Municipal Area, P.S.-Samastipur, District- Samastipur. 8. Md. Nausad Alam, Son of Late Anwar Ahmad, resident of Village-Maulana Chak, P.S.-Tajpur, District-Samastipur. 9. Nazish Fatima, Wife of Sayad Nazharul Islam, daughter of Master Sayad jamal Asgar, resident of Ward No.9 Dharampur within Samastipur Municipal Area, presently C/o Master Sayad Jamal Asgar, Ward No.2 Dharampur under Samastipur Municipal Area, P.S.-Samastipur, District-Samastipur. -Respondents. ----------- 04 14.07.2011 The petitioner claims to be the husband of respondent no.9, namely, Nazish Fatima, who happens to be the daughter of respondent no.6, Master Sayad Jamal Asgar. Petitioner has filed this Habeas Corpus application for production of his wife, respondent no.9 on the allegation that she is being kept in illegal confinement by her parents against her will. Respondent nos.6&7, being the father and mother of the girl, were noticed by this Court. They have appeared. Respondent no.9 has also entered appearance and filed a counter affidavit. In the counter affidavit, it has been stated that by committing fraud the marriage was got solemnized. Petitioner has criminal antecedents. The marriage not being valid respondent no.9 cannot be forced to live with petitioner. Apart from that it is pointed out that the petitioner has - 2 - already been filed a case for restitution of conjugal rights, which is pending before the Principal Judge, Family Court, Samastipur where parties have been noticed. Respondents in their counter affidavit have also admitted that whenever Court would desire they would produce the girl before the Court. Having heard the parties, in our view, this is essentially a matrimonial dispute which is dependent whether the marriage is a valid marriage or not. The matter being before the Principal Judge, Family Court, Samastipur, it would be advisable for the said Court to notice respondent no.9 to appear personally and verify the fact. As the private-respondents have taken stand that they would produce the girl as and when ordered by the Court, we direct the respondent nos.6&7 to produce respondent no.9 and, we further direct respondent no.9 to present herself before the Principal Judge, Family Court, Samastipur on 25th July, 2011. The appearance of respondent no.9 would be personal appearance in the case of restitution as pending before him. The learned Judge would accordingly proceed in the matter in accordance with law thereafter. Let a copy of this order be immediately communicated by FAX at the cost of the petitioner to the Principal Judge, Family Court, Samastipur in relation to Matrimonial Case No.62 of 2011. With these observations and directions, this writ application stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.) (Ashwani Kumar Singh, J.)