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2016 Supreme(MP) 744

P.K.JAISWAL, VIVEK RUSIA
Irfan Khan S/o Hameed Khan – Appellant
Versus
State of M. P – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri Akhil Godha
For the Respondents: Shri Rohit Mangal

ORDER :

Vivek Rusia, J.

Petitioner has filed the present petition seeking the relief in the nature of Habeas Corpus for production of respondent No.5 before this Court.

2. The contention of the petitioner is that petitioner and respondent No.5 belong to the Muslim community and they are governed by the Personal Law i.e. Muslim Law. Petitioner and respondent No.5 performed the marriage by way of joint agreement in the office of Anjuman Nikahul Muslemin, Bhopal. The Kazi of the Anjuman Nikahul Muslemin, Bhopal after verification, performed the marriage between them. At the time of marriage, petitioner was aged about 22 years and the respondent No.5 was aged about 19 years.

3. On 13.02.2016 Police registered a case against the petitioner for the offences punishable under sections 363 & 366-A of the IPC at the instance of respondent No.6 who is the brother of respondent No.5. Petitioner was arrested and sent to jail. Family members of the respondent No.5 filed an application before the Magistrate for custody of respondent No.5. Since she is a minor girl and refused to go with her family members, she was sent to Balika Grah, Police Line, Kotra, Bhopal vide order dated 24.02.2016 passed by t


















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