Hon’ble Surya Prakash Kesarwani, J.—Heard Sri M.P. Tiwari, learned counsel for the petitioners, Sri S.S. Srinet, learned Standing Counsel for the respondent Nos. 1, 2 and 3 and Sri S.K. Pundir, learned counsel for the respondent Nos. 5, 6, 7 and 8.

2. It is stated in paragraph No. 3 and 4 that both the petitioners are major. It is stated in paragraph 6 that petitioners have solemnized their marriage on 2nd October, 2014 as per Muslim rites and customs. In support a copy of alleged ‘Nikahnama’ dated 2nd October, 2014 has been filed.

3. An application for impleadment has been filed by the respondent Nos. 5 to 8, which has been allowed today.

4. In paragraph 2 of the affidavit to the impleadment application it is stated that the respondent No. 5 was married with the petitioner No. 2 on 9th October, 2003 and out of their wedlock there are two sons and one daughter namely respondent No. 6 to 8, who all are minor. It is also stated that the respondent No. 5 is pregnant. A copy of the said ‘Nikahnama’ dated 9th October, 2003 has been filed as Annexure 1 of the affidavit. It is stated in paragraph No. 3 of the affidavit that the petitioner No. 1 is a minor girl. It is stated in paragraph No. 4 of the affidavit that the alleged ‘Nikahnama’ dated 2nd October, 2014 of the petitioner is a manufactured one and no marriage was solemnized. In support, an affidavit of the alleged signatory (Vakeel) of the alleged ‘Nikahnama’ dated 2nd October, 2014 has been filed as Annexure 2. It is stated in paragraph No. 7 that the petitioner No. 2 has filed a fake Voter I.D. Card bearing No. HTB 2085504. From internet enquiry the said voter ID card has been found to be issued in the name of one Sri Pahal Singh, S/O Karam Singh, R/o Village Bandukhedi, Pargana and Tehsil Nakur, District-Saharanpur. In support, copy of the internet enquiry report of the aforesaid Voter I.D. card has been filed as annexure -3 to the affidavit. A copy of family register and some photographs have also been filed alongwith the affidavit to demonstrate that the respondent No. 5 is a legally wedded wife of the petitioner No. 2 and she still continues to be his wife.

5. Respondent no 5. alongwith her children i.e. respondent Nos. 6, 7 and 8 and Sri Riaz Ahmad, who is father-in-law of respondent No. 5 and father of the petitioner No. 2 are present. Sri Riaz Ahmad, father of the petitioner No. 2 states that respondent No. 5 is legally wedded wife of petitioner No. 2 and she has three minor children and she has pregnancy of about 8 months. He states that by no means he can justify the action of petitioner No. 2, who allegedly solemnized ‘Nikah’ with a minor girl i.e. petitioner No. 1. He states that as per Holy ‘ Quran’ he cannot perform second marriage with the petitioner No. 1 which would result in injustice to his first wife and three minor children. Sri Riaz Ahmad states that he owns about 5-6 bighahas agricultural land which is the only source of livelihood of the family which consist of him, his wife and respondent Nos. 5 to 8. He states that he and his wife shall take full care of respondent Nos. 5 to 8. He states that he has serious threat to his life and property from the family of petitioner No. 1 and as such in case of any inconvenience the police of the concerned police station may be directed to give protection.

6. Learned counsel for the petitioners does not dispute the facts stated in the impleadment application of respondent Nos. 5 to 8 and also the facts stated by the father of the petitioner No. 2 before this Court, as briefly noted above.

7. Learned counsel for the respondent Nos. 5 to 8 submits that the writ petition has been filed concealing material facts of the case, making false averments and annexing fake papers and as such the writ petition deserves to be dismissed with heavy cost, which may be paid by the petitioner No. 2 to the respondent No. 5.

8. Learned Standing Counsel submits that it is wholly undisputed that the writ petition has been filed c