( 1 ) RULE. Service of rule is waived by Mr. MA Patel, Ld. APP for the respondent " State. At the request of the learned advocates for the parties, the matter is taken up for final hearing today itself.

( 2 ) PETITIONER is the husband of one Zarina, daughter of Hasambhai kumbhar. He has in this revision application challenged the order of the Ld. Judicial Magistrate First Class, Rapar, Dist. Kutch, dated 13/2/2006. By the said order the Ld. Magisrate has directed that Zarina, aged 16 years 3 months be sent to Mahila Kalyan Kendra, Bhuj and she be kept there till she attains age of 18 years. It is the say of the petitioner that Zarina is his legally wedded wife and when she is willing to stay with him, such direction cannot be passed by the Ld. Magistrate.

( 3 ) I have perused the record of this revision application. It appears that the petitioner and Zarina stayed in the same locality and they developed intimacy, which resulted in Zarina leaving her parents and going to the petitioner on 5/9/2005. They went to Rajkot and on the same day they contracted marriage [nikah] according to Muslim rites. One Moulvi Jamalsha Kadarsha resident of Rumdin Pari, Pir Dargah road, Rajkot performed

Click Here to Read the rest of this document