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Judgment
Heard the parties.
Petitioner has prayed for following reliefs:-
“I. Issuance of an appropriate writ in the nature of habeas corpus preferred for directing respondent authorities to produce allegedly confined girl
namely Khushbu Kumari aged about 21 years old who is in house arrest by respondent nos.7 to 13 is the legal wedded wife of the petitioner whereby
the petitioner tried to regain custody of his wife to lodge an FIR before the respondent no.6 but respondent authorities did not take any legal action
against the respondents no.7 to 13.
II. Issuance of an appropriate writ in the nature of mandamus preferred for directing respondent authorities to register the FIR of the petitioner and
take proper legal action against the private respondents.
III. Issuance of any other appropriate writ (s) order(s) , direction (s) as may be deem fit and proper in the facts and circumstances of the case.â€
Petitioner claims to have solemnized marriage with Khushbu Kumari and in support of which, he has enclosed a certificate issued by Marriage
Officer, Patna. He has further alleged that his legally wedded wife who is major has been illegally and unlawfully confined by her parents and other
family members against her wish.
Counter affidavit has been filed on behalf of State in which it has been stated that the matter was inquired by the concerned police station and the
statement of the victim was recorded in which she has stated that she is residing with her parents out of her own volition and choice, in such
circumstances, this Court is not inclined to continue present proceeding any further.
Petitioner if so advised, may approach the Family Court, Patna in order to establish that Khushbu Kumari is major and is his legally wedded wife and
can take recourse to Section 9 of the Hindu Marriage Act for restitution of his conjugal rights.
With aforesaid liberty and observation, writ petition is disposed of.