IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.428 of 2009 KAMLESH DEVI, W/O- UDAY VEER PRASAD, RESIDENT OF NEW COLONY RAILWAY, QUARTER NO. 35(C), OUT HOUSE, P.S.- KHAGAUL, DISTRICT- PATNA. ………Petitioner Versus 1. THE STATE OF BIHAR 2. THE SUPERINTENDENT OF POLICE, PATNA. 3. THE SUB DIVISIONAL POLICE OFFICER, DANAPUR, PATNA. 4. THE OFFICER-IN-CHARGE, KHAGAUL, PATNA. 5. AWADHESH KUMAR @ AWADHESH KR. RAJOUR @ SONA LAL, S/O- VIJAY LAL. 6. VIJAY LAL, S/O- BABU LAL 7. SONI KUMAR RAJOUR, S/O- VIJAY LAL 8. BIRJU KUMAR, S/O- VIJAY LAL ALL ARE RESIDENTS OF NEW COLONY, RAILWAY QUARTER NO. 34 OUT HOUSE, P.O.- & P.S. KHAGAUL, DIST. PATNA. …………Respondents ----------- 2 22.05.2009 Heard Mr. Abhay Kumar Singh for the petitioner, and Mr. Kaushal Kumar Jha, learned S.C. 18 for the respondents. The petitioner seeks a direction for production of her daughter who is allegedly in the company of respondent no. 5. It is further alleged in the writ petition that the petitioner’s daughter and respondent no. 5 are first cousins and intend to marry which is prohibited under the provisions of Hindu Marriage Act. We have perused the materials on record and considered the submissions of learned counsel for the parties. On the own showing of the petitioner, her daughter is a major and, therefore, she has the fundamental right under Article 19(1)(d) of the Constitution of India to move freely throughout India. In so far as the alleged marriage between the petitioner’s daughter and respondent no. 5 is concerned, it is an issue of fact whether or not they are first cousins. If that be the position, such marriage 2 may be prohibited in terms of Hindu Marriage Act and can be declared null and void by a court of competent jurisdiction. This is not the appropriate forum. In that view of the matter, we do not wish to proceed further in the matter. Writ petition is dismissed. pkj (S.K. Katriar, J.) ( Kishore K. Mandal, J. )