1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Petition No. 1439/2010 Tikamchand Vs State of Rajasthan through PP 13.8.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr Manish Sharma - for the petitioner Mr Amit Poonia - Public Prosecutor Mr KK Bhinda – for complainant BY THE COURT: Petitioner-Tikamchand and complainant are present in person. By this misc petition a challenge has been made to the order dated 16.7.2010 whereby application filed by the petitioner under section 98 CrPC was rejected. It is submitted that petitioner solemnised marriage with Smt Leela Chauhan, who is at the age of 18 years and above. A marriage certificate has been issued by the Municipal Corporation, Jaipur with registration No.410002714 dated 21.6.2010 with marriage date 26.4.2010. It has been prayed that 2 his wife Leela Chauhan, may be given in custody of the petitioner. Learned counsel for the complainant submits that they have no objection if custody of the girl is given to the petitioner as he has married to her. Complainant himself is present and states that he has no objection if custody of his sister is given to petitioner. In view of aforesaid, misc petition is allowed. Impugned order dated 16.7.2010 passed by learned ACJM no.1, Kekri, Ajmer is set aside. Custody of Leela Chauhan is given to petitioner-Tikamchand as per provisions of section 98 CrPC. Pursuant to the directions passed by this court, the superintendent, Nari Niketan is directed to release Leela Chauhan and she may be given in custody of petitioner-Tikamchand- husband. (MN BHANDARI), J. bnsharma