S. K. MUKHERJEE, J.

( 1 ) THIS Habeas Corpus Petition has been filed on behalf of Sonia, by her alleged husband Ram Bahori for a writ, order or direction in the nature of Habeas Corpus Petition to release the alleged wife Sonia from the unlawful detention by her father Chhotey Lal and another.

( 2 ) IN this writ petition both Ram Bahori and Sonia are arrayed as petitioners and affidavit in support of the petition has been filed by Ram Bahori.

( 3 ) THE relevant allegations in the petition are that Sonia, aged about 22 years, and the petitioner Ram Bahori fell in love with each other and ultimately they decided to get themselves married but the father of the girl Chhotey Lal, respondent No. 2, did not agree to the proposal and wanted to marry his daughter with some other person for which Sonia did not agree. Under the above state of affairs it is averred that Sonia and Ram Bahori went to a temple and accepted each other as wife and husband before God. It will be relevant to point out that this is the only, averment in respect of the marriage of Ram Bahori and Sonia. It is further stated that both Ram Bahori and Sonia entered into a matrimonial agreement on the same day and got the same registered on 6-4-1987, photostat copy whereof has been filed as Annexure-1 to the writ petition. It is also averred in paragraph 7 of the petition that the father of Sonia lodged a First Information Report under Sections 363 and 366 of the Indian Penal Code. It is also relevant to point out that no further detail was given whether charge sheet has been filed in the Court in respect of the First Information Report against Ram Bahori. Under the above set of circumstances the prayer for a writ of Habeas Corpus Petition has been made by means of this petition. The petitioner, Ram Bahori, has also prayed that the respondent No. 2 be directed to produce Sonia before this Court so that her wishes may be enquired into and she should be set at liberty.

( 4 ) I have heard the learned counsel for the petitioner at some length. In this case the bald allegation that Sonia is aged about 22 years is not supported by any documentary evidence and the averment regarding the age has been sworn on personal knowledge by Ram Bahori, the deponent. Certainly, Ram Bahori cannot have any personal knowledge about the age of Sonia, neither any copy of birth certificate has been produced nor any certificate, such as, scholar register, school certificate etc. have been produced. Thus, prima facie, the averments made in para 2 of the petition, regarding her age, do not inspire any confidence and, therefore, it has not been, prima facie, established that Sonia has reached the age of majority. The allegation regarding marriage has been made in paragraph 5 of the. petition, which runs as under : "that the petitioner No. 2 (Sonia) was seriously disturbed and aggrieved with attitude of her father and she after escaping the eyes of her father, met with the petitioner No. 1 (Ram Bahori) on 6-4-1987, and they immediately went in a temple and accepted each other as husband and wife witnessing the God. " this averment, no doubt, creats a perfumed mysry but the averments are not at all sufficient to make out any case in favour of the petitioners that they, in fact, got married. There is absolutely no specific and clear averment of Ram Bahori that he was married with Sonia under a recognised form of marriage. Thus, these allegations regarding the marriage of Ram Bahori with Sonia also do not inspire any confidence and is not relied upon and is, therefore, rejected. In this case, it will be necessary to point out that the matrimonial agreement has been relied upon, To my mind such matrimonial agreement has no sanctity in the eye of law. Further there was absolutely no necessity of matrimonial agreement in case there was a marriage between Ram Bahori and Sonia. In Paragraph 7 of the petition it has been averred that the father of Sonia has lodged a First Information Report against Ram Bahor

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