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Allahabad High Court · body

2011 DIGILAW 2511 (ALL)

Sanju Devi v. State of U. P. and others

2011-11-03

SUDHIR KUMAR SAXENA

body2011
Sudhir Kumar Saxena, J.:- Km. Sanju Devi along with her mother is present before this Court. She is identified by Sri Prakhar Kankan, Advocate. 2. Chandan Yadav, opposite party no. 5 has filed counter affidavit stating therein that in the year 2007, Km. Sanju was aged about 10 year 10 months and 29 days at the time of passing Vth Examination and according to school certificate, her date of birth is 01-08-1996, copy of which is annexed with the counter affidavit. 3. On being asked, Km. Sanju has stated that she does not know Gulab Chand and is never married with him she is living with her parents out of her own free-will and she is not at all illegally detained. Learned counsel for opposite parties urged that this petition has been filed to harass the girl who is minor and process of the court cannot be allowed to be misused in this manner to humiliate and exploit the minor girl as such, I think that cost must be imposed. 4. Before parting, it will be relevant to mention that Arya Samaj Mandir which has allegedly issued marriage certificate shall also insist for proof of age and it is not supposed to issue marriage certificate on mere asking. In fact, there is no column in the certificate showing the date of birth of parties to the marriage, as such, it is apparent that without insisting on proof of age, marriage certificates are being issued by Arya Samaj. This is not at all conducive in the interest of society. Insistence on proof of age would prevent the issuance of marriage certificates to the minor parties. 5. Arya Samaj was set up with pious objects for eradicating various maladies of the society, therefore, it is expected that the Arya Samaj would ensure that the parties are major and legally competent for marriage before issuing the marriage certificate. 6. In view of the aforesaid, nothing survives in the petition. The Habeas Corpus petition is dismissed with cost of Rs. 5,000/-. Opposite party no. 5 is directed to deposit the cost with the Registrar of this Court which will be paid to Km. Sanju. 7. In the event of failure to deposit the money, the amount would become recoverable from petitioner on the certificate issued by Registrar, as arrears of land revenue. 8. 5,000/-. Opposite party no. 5 is directed to deposit the cost with the Registrar of this Court which will be paid to Km. Sanju. 7. In the event of failure to deposit the money, the amount would become recoverable from petitioner on the certificate issued by Registrar, as arrears of land revenue. 8. Registrar is directed to forward a copy of this order to Arya Samaj Mandir, Aliganj, Lucknow.