IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 507 of 2008 Dhramendra. ……. Petitioner Versus Om Prakash …….. Respondent Mr. Ajay Veer Pundir, Advocate for the petitioner. Hon’ble V.K. Gupta, C.J. There is a conflicting version about the martial status of the girl Meenu as well as petitioner Dharmendra. At some places, it is found that Meenu’s stand was that she is married to Ramesh but this marriage was performed by Om Prakash (respondent), her step-father, against her will as well as by force and that she loves petitioner Dharmendra and, voluntarily, is residing with him. Elsewhere her stand seems to be that she is not married to Ramesh and that she is married to petitioner Dharmendra. Meenu as well as the petitioner are present before me today and they both have stated that they are married to each other. I do not want to enter into any controversy about the marital status of either the petitioner or Meenu. The undisputed and uncontroverted fact, however, is that the girl Meenu, as per her School Certificate, is bout the age of 18 years. She also does appear to be well above 18 years of age. Even by appearance, she looks to me to be much more than 18 years. With whomsoever she wants to live, irrespective of the marital status, in her desire. Viewed thus, the action, in the impugned order, of the learned Magistrate directing her to be placed in the Women Observation Home was against well established principles of law because even the impugned order shows that when Meenu was produced before the Magistrate, she had expressed her desire to live with the petitioner. She had stated before the Magistrate also that her real father had died and respondent Om Prakash being her step-father, after taking money, had married her off to Ramesh against her with and by force. Based upon the aforesaid discussion, I dispose of this petition by setting Meenu at liberty. Meenu is at liberty to go wherever she likes. Copy of this order shall be given to the learned Government Advocate for its implementation and compliance in letter and spirit. (V.K. Gupta, C.J.) 20.08.2008 G