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2005 DIGILAW 2315 (RAJ)

Mohan Lal Sharma S/o Hanuman Prasad v. State of Rajasthan

2005-08-31

AJAY RASTOGI, V.K.BALI

body2005
JUDGMENT 1. - Pursuant to order dated 2.6.2005 Mamta alleged detenu is present in Court and we have recorded her statement. She categorically states that she is 19 years of age and is married to Jaipal Singh respondent No. 4 herein and wants to live with him only. She has further stated that she does not want to go with her parents. 2. Mr. Anoop Dhand, counsel for petitioner, however, vehemently contends that marriage of Mamta if at all with the respondent No. 4 Jaipal Singh is wholly illegal being against the provisions of Hindu Marriage Act as Mamta is below 18 years of age. Being a minor, she cannot even with her consent be permitted to live with respondent No. 4- Jaipal Singh as parents of Mamta are her natural guardians. He further states that Mamta being below 18 years of age is proved from the certificate issued by the District Education and Training Institute (DIET), Sikar (Ann. 1). 3. Learned Addl. Government Advocate, however, contends that from appearance Sint. Mamta appears to be more than 18 years of age. Mamta herself stated while we were ascertaining her views in chamber that her parents had wrongly recorded her age lesser by three years when she appeared for the examination of Class 8th. 4. In view of conflicting claims with regard to age of Mamta, we are of the view that it would be worthwhile to ascertain her age by an ossification' test. 5. We direct the Superintendent, SMS Hospital, Jaipur to depute competent Doctor who may conduct ossification test to determine the age of Mamta. 6. A copy of this order be sent to Superintendent, SMS Hospital, Jaipur under the signatures of Court Master today itself. Mamta will be produced before the Superintendent, SMS, Hospital, Jaipur for ossification test at 4.00 p.m. today. 7. List the matter for hearing on 2.9.2005. Till next date Mamta would be kept in Nari Niketan, Jaipur.Order issued. *******