IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.608 of 2009 KUMAR SAURABH, S/o Sri Parikshit Kumar Singh, age about 27 years, R/o Kahra Road, Behind Shahid Raman Indane Bangaon Road, PO & PS Saharsa, Distt. Saharsa, at present residing at C/o Ram Sharan Prasad Mohalla – Chak Mushallanpur, PS Pirbahore, Distt. Patna … …… Petitioner Versus 1. STATE OF BIHAR though the Chief Secretary, Patna 2. Home Secretary, Govt. of Bihar, Patna 3. Director General of Police, Bihar, Patna 4. District Magistrate, Patna 5. Sr. Superintendent of Police, Patna 6. Leena Kumari D/o Sri Gopi Chand Singh 7. Sri Gopi Chand Singh S/o Late Kauleshwar Singh 8. Awadh Bihari Singh S/o Gopi Chand Singh 9. Kunj Bihari Singh S/o Gopi Chand Singh 10. Smt. Ram Dulari Devi Wife of Sri Gopi Chand Singh All R/O Sector -3D, Qr. No.94, PO, PS, & Distt. Bokaro Steel City …..Respondents ----------- 03- 3.9.2009 Heard Mr. Daya Shankar Prasad for the petitioner, Mr. Sheoji Prasad, learned Govt. Pleader no.II for respondent nos. 1 to 5, and Mr. Sunil Kumar for respondent nos. 7 to 9. Let the Vakalatnama of Mr. Sunil Kumar be placed on record. The petitioner, as well as respondent nos. 6 to 9 are personally present. 2. It is stated in this writ petition that the petitioner is a Graduate and was born on 1.3.1983. Respondent no. 6 is also a Graduate and was born on 11.1.1983. It is further stated in this writ petition that the petitioner and respondent no.6 are major and have married of their free will under the provisions of the Hindu Marriage Act. Photocopies of their matriculation certificates as well as marriage certificate are annexed to the writ petition. The petitioner raises a grievance before this Court that though he and respondent no.6 are married in accordance with law, she has been illegally detained by - 2 - respondent nos.7 to 10 at Bokaro, and she is not allowed to go to her matrimonial home. Respondent no.7 is the father of respondent no.6, respondent nos. 8 and 9 are the brothers of respondent no.6, and obviously the full sons of respondent nos. 7 and 10. Respondent no.10 is her mother, and wife of respondent no.7. It is, therefore, prayed that in view of the legal marriage between the petitioner and respondent no.6, she may be allowed to go to her matrimonial home. 3. We have interviewed the petitioner and respondent no.6 separately in camera. We have also interviewed respondent nos. 7 to 9 jointly in camera. 4. We have perused the materials on record and considered the submissions made by learned counsel for the parties, as well as the conversations with the parties. Learned counsel for the petitioner has produced before us the original certificates on a perusal of which it is evident that the petitioner passed the Matriculation examination in August 1997, and was born on 1.3.1983. Respondent no.6 passed the Matriculation examination in December 1998, and was born on 11.1.1983. It further appears that they were married on 24.4.2008 in the presence of the Special Marriage Officer, Patna. It is thus evident that the petitioner and respondent no.6 satisfy all the conditions of a lawful marriage between two adult Hindus prescribed by Section 5 of the Hindu Marriage Act 1955. It is further relevant to state that the petitioner and respondent no.6 have stated before us, that after their marriage by registration took place, they lived together like husband and wife and the marriage has been consummated. In the facts and - 3 - circumstances of this case, it appears to us that the petitioner and respondent no.6 are validly married in accordance with the provisions of law applicable to them. In that view of the matter, respondent no.6 is permitted to accompany the petitioner to go to her matrimonial home. She is accordingly released to leave the court-room with the petitioner. 5. The writ petition is accordingly allowed. ( S K Katriar ) (Shyam Kishore Sharma) mrl