IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 28103-M of 2001 Date of decision: 10th July, 2008 Kamaljit Kaur and others … Petitioners Versus State of Punjab and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Onkar Singh Batalvi, Advocate for the petitioners. Mr. Mehardeep Singh, Assistant Advocate General Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Case of the petitioner is that Sandeep Kaur-respondent No.2 had eloped with Rupinder Singh and they had solemnized marriage by way of Anand Karj on 3rd April, 1999. Counsel further contend that later, respondent No.2 has walked out of the marriage and has instituted the present complaint. Counsel further contend that when marriage was solemnized, respondent No.2 was major and wrongly, in complaint, she has stated that she was minor on the date of marriage. Age of respondent No.2 can only be determined by the trial Court by way of evidence adduced before the Court. The relevant factors for the Court to determine age are ossification test, birth entry and school leaving certificate. Counsel further contend that the photographs suggest that in the marriage, parents of both sides have participated. Photographs, per-se CRM No. 28103-M of 2001 are not admissible. There is a procedure prescribed for proving the photographs by tendering the negatives also. Counsel further contend that the relations have been falsely implicated. Whether relations connived or were accessory to the crime, is also to be determined on basis of the evidence to be led before the trial Court. In view of the observations made above, counsel prays in alternate that since the matter is very old, personal appearance of the petitioners be exempted and he may be granted liberty to raise all arguments at appropriate stage. I find merit in the alternate prayer made by the counsel. Accordingly, personal appearance of the petitioners is exempted before the trial Court, subject to their filing an undertaking that they shall cause their appearance as and when required. They shall also incorporate in the undertaking that the evidence recorded in their evidence but in the presence of their counsel, shall be binding upon them. The trial Court may specify any other condition in the undertaking so filed. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE July 10, 2008 rps 2