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2012 DIGILAW 453 (PAT)

Md. Sakim v. State of Bihar

2012-03-14

ASHWANI KUMAR SINGH, NAVANITI PRASAD SINGH

body2012
ORDER By this writ petition, the petitioner has claimed the custody of respondent no.7. He states that he was in love with this girl. One day, upon alleged mistreatment by her uncle and her father on coming to know that she had fallen in love with a muslim boy, she ran away. An FIR was instituted as against the petitioner for kidnapping her alleging that she was a minor. After a month she appeared and the police took her to magistrate for recording her statement under Section 164 Cr.P.C. In that statement she is said to have disclosed that as she was in love with a muslim boy, her parents and uncle used to mis-treat her. She then persuaded the petitioner to marry her. The petitioner was reluctant but ultimately agreed. They went to Calcutta. She converted into muslim and they got married. 2. It may be noted here that while she was in police custody, as per Court’s order she was sent for medical examination. The medical report finds her age to be 15-16 years as alleged by her parents. We asked her as to who gave this idea to convert into muslim, she said that as the petitioner could not and was not ready to convert into Hindu, she agreed to become a muslim. We asked the lawyer of the petitioner whether a minor Hindu girl can convert into a muslim, his answer was in the negative. 3. Let it be noted that the proceedings were carried out in camera in chambers. We asked her how the marriage was performed, she replied that it was performed in a mosque at Calcutta by putting Sindur (vermilion). We have noted these facts because we found that though she professed to be a muslim, she was using Hindu ritual. This also shows her immaturity. In our view, the legal position is that she was a Hindu child even as a Hindu being a minor, she could not have married. Some one gave her idea that if she converted into a muslim, then the age of marriage would be 16, as attaining puberty and that is why all this is being done. We cannot, as a Court, sanctify such activity. The girl has categorically stated that she is not ready to go with her parents. 4. Some one gave her idea that if she converted into a muslim, then the age of marriage would be 16, as attaining puberty and that is why all this is being done. We cannot, as a Court, sanctify such activity. The girl has categorically stated that she is not ready to go with her parents. 4. We consider this her as a child needing protection and care at Nari Niketan and, thus, order that she be not released from Nari Niketan, Gaighat, Patnacity till she attains majority or unless she expresses desire to go back to her parents and live with them. The writ petition is thus disposed of in those terms.