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2023 Supreme(P&H) 1607

DEEPAK GUPTA
Zakir Hussain – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Parties : Mr. Munfaid Khan, Mr. Chetan Sharma, Mr. B.S. Tewatia

Judgment

Mr. Deepak Gupta, J.

The two petitioners Zakir Hussain & Tosifa belong to Muslim religion. They performed Nikaah (marriage) on 25.08.2022 as per Muslim Rites and Customs, against the wishes of their family members and then approached this Court by filing CRWP-8693-2022 under Article 226 of Constitution of India for issuance of direction to official respondents to protect their life and liberty at the hands of private respondents. It was claimed that petitioner No. 1 was more than 29 years of age; whereas, petitioner No.2 was about 18 years of age, her date of birth being 01.01.2004 and after performing the marriage, they are living happily but are being threatened by private respondents.

2. Respondent No.4, who is the father of petitioner No.2 raised objection to the effect that respondent No.2 was a minor, her date of birth being 21.05.2007 and that the marriage inter-se the petitioners was not legal. Prayer was made on behalf of respondent No.4 not only to dismiss the petition but further to hand over the custody for petitioner No.2 to him (respondent No.4).

3. Vide order dated 09.09.2022, this court directed that petitioner No.2 be sent to Ashiyana, Sector-15, Chandigarh,

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