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2015 Supreme(All) 1869

RAJES KUMAR, SHAMSHER BAHADUR SINGH
Sushil Kumar @ Abhishek – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: K.K. Tripathi.
For the Respondents:Govt. Advocate.

JUDGMENT

Heard learned counsel for the petitioners and the learned A.G.A.

2. It is submitted by learned counsel for the petitioners that Petitioner nos.1 and 2 are married. Petitioner no.2 is living with him without any coercion and compulsion.

3. In the writ petition, it is mentioned that petitioner No.2 is major, but no reliable proof regarding her age has been annexed with the petition. Indisputably, their marriage has not been registered till date in terms of the direction issued by the Hon'ble Apex Court in Smt. Seema vs. Ashwani Kumar, 2006 (2) SCC 578 .

4. Since, there is no proof of age of petitioner no.2 as no school certificate is available, we direct her to appear before the Chief Judicial Magistrate concerned, within one month from today, who shall get her medical examination done within a week thereafter by the CMO concerned to ascertain her age. The age certificate will contain self attested photograph of petitioner no.2. Thereupon, the I.O. concerned shall record her statement under section 161 Cr.P.C. and also move an application before the C.J.M. concerned for getting her statement recorded under Section 164 Cr.P.C., who shall record the same.

5. The Chief Judicial Magi


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