Smt. Aditi Singh Tomar vs State of U.P. and Another

S.K. Phaujdar, J.—The present petition for issuance of a writ of habeas corpus has been filed by one Yogesh Chandra for production of Aditi Singh Tomar, daughter of Shri Akhilendra Singh Tomar in Court. Sri Yogesh Chandra has alleged that he is the husband of Aditi and she had been wrongfully detained by her father, Sri Akhilendra Singh Tomar, and she should be set free from that illegal custody. It has been stated that Yogesh and Aditi got married on 23.1.1998 in the Ram Temple at Renukoot, District Sonbhadra. However, the father of the girl did not accept the marriage. When the couple came to Varanasi for registration of the marriage, they entered into an agreement of marriage before a notary in which date of birth of the girl was shown as 29.1.1979, as per her High School certificate. However, registration of the marriage was denied as the girl was suspected to be underage. There had been a report to the police at the instance of the father of the girl and police had taken the boy and the girl to the police station wherefrom the father of the girl managed to take his daughter with him.

On the date of presentation of this petition, appearance was made on behalf of the father of the girl, and it was asserted on his behalf that the girl was born on 29.1.1981 and not in 1979. It was further stated that there was no marriage between the boy and the girl, as asserted by Yogesh. The original High School certificate was shown to the Court which indicated the date of birth of the girl as 29.1.1981.

Accordingly, the Court directed the Madhyamik Shiksha Parishad to indicate to the Court as to what was the date of birth of the girl according to their records. An affidavit has been sworn by an officer of the Parishad to indicate that the recorded date of birth of Aditi is 29.1.1981.

In the absence of any other material on record and claim being laid by both the parties on the school certificate in proof of age, this Court has to rely on the school certificate only and the true facts have come through the affidavit of the officer of the Parishad. It is, therefore, established that Aditi is aged about 17 years and odd months now, and is yet to attain majority. On the date of the alleged marriage, she was yet to complete 17 years. She being a minor on the date of the alleged marriage, was unfit to give her consent and very rightly registration of the marriage was refused. When she is a minor, there is no necessity of calling her to Court to see what she wished and what is her say about the marriage. The father is not only the natural guardian of the minor but is also the best well-wisher of the girl, and when the girl is in the custody of the father, it may not be deemed to be an illegal custody and a writ of habeas corpus may not issue at the instance of a person who had taken chance of the minority of the girl and had allegedly undergone some rituals in the name of an alleged marriage. In the circumstances of the case, it is, therefore, necessary that some costs be also awarded against the present applicant, Yogesh.

In view of the above, while dismissing the present petition, I direct that Yogesh is to pay a cost of Rs. 3,000 to the father of the girl Aditi, within a period of 15 days, failing which it will be realised by the Chief Judicial Magistrate, Sonbhadra, as fine.

A copy of this order may be given to either of the parties within two days of making of a proper application therefor.