The welfare of the minor and the rights of individuals in marriage against family's wishes were central to the court's decision.

JUDGMENT

Raj Mohan Singh, J —Ritu Devi and Ajay Kumar filed CRM-M-4833 of 2018 under Section 482 Cr. P.C. for directing Superintendent of Police, Karnal and S.H.O Police Station of Butana to give police protection to them as they had contracted marriage on 01.02.2018 against wishes of their family members.

2. This Court vide order dated 05.02.2018 disposed of the case by observing in the following manner:-

"The aforesaid order is being passed at this stage without meaning anything on the merits of the case. Respondent No.2 would pass necessary order without being influenced by any observation made by the Court in terms of pleadings at this stage. This order shall not debar the official respondents from proceeding against any of the party in accordance with law in case they are involved in some other case. It would be appreciated if the representation filed by the petitioners is decided within a period of one month from today keeping in view the threat perception shown by the petitioners.

Petition stands disposed of."

3. Police recorded FIR No. 29 dated 06.02.2018 under Section 363, 366-A IPC against Ajay Kumar son of Subhash Chand (petitioner). Ajay Kumar was arrested on 13.02.2018.

4. On 13.02.2018 sfather of Ajay Kumar filed this petition in the nature of habeas corpus.

5. Notice of motion was issued on 14.02.2018 and respondents No. 7 and 8 were directed to produce Ajay Kumar and Ritu Devi, in this Court on 20.02.2018. Needful was not done on the adjourned date and the case was adjourned to 26.02.2018. On 26.02.2018 IO Dharambir did not attend the Court. One ASI Gurbachan Singh was present. Owing to the situation of the case, S.H.O. Sandeep Singh and IO of the case Dharambir were directed to be present in the Court for today.

6. Today, medical certificate of ASI Dharambir has been produced showing that he was advised rest for two days by doctor vide endorsement dated 25.02.2018. A photocopy of the medical certificate issued by Medical Officer/Incharge PHC Matlauda (Panipat) has been retained on record. From the medical certificate,ss I am satisfied with respect to absence of ASI Dharambir on 26.02.2018. The explanation of S.H.O Sandeep Singh has also been accepted to this effect.

7. Ritu Devi has been produced by lady Constable Savita, from Nariniketan.

8. Ritu Devi has two Adhar Cards. In one of the Aadhar Card her age is shown to be 02.03.1998, whereas second Aadhar Card shows her date of birth as 02.03.2000.

9. The FIR has been registered on the basis of the date of birth to be 02.03.2000. In Secondary School certificate, date of birth of Ritu, is recorded as 02.03.1998.

10. In view of the conflicting record, it can not be conclusively held at this stage that Ritu Devi is major or otherwise.

11. Learned counsel for the parties are at variance in respect of date of birth of the detenue Ritu Devi.

12. In Smt. Lila Gupta vs. Laxmi Narain and others , (1978) AIR SC 1351, the following observations were made by the Hon'ble Apex Court:-

"A comprehensive review of the relevantprovisions of the Act unmistakably manifests the legislative thrust that every marriage solemnised in contravention or one of other condition prescribed for valid marriage is not void. Section 5 prescribes six conditions for valid marriage. Section 11 tenders marriage solemnised in contravention of conditions (i), (iv) and (v) of Section 5 only, void. Two incontrovertible propositions emerge from a combined reading of Sections 5 and 11 and other provisions of the Act, that the Act specifies conditions for valid marriage and a marriage contracted in breach of some but not all of them renders the marriage void. The statute thus prescribes conditions for valid marriage and also does not leave it to inference that each one of such conditions is mandatory and a contravention, violation or breach of any one of them would be treated as a breach of a prerequisite for a valid marriage rendering it void. The law while prescribing conditions for valid marriage simulta