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Judgment
This habeas corpus petition has been filed by the petitioner Rahul Mathur with the prayer that respondents-police authorities be directed to produce
Ms. Usha Verma, who is in illegal custody of Respondents No. 5 to 8. Prayer has also been made to set aside order dated 26.04.2018 passed by
Sub Divisional Magistrate, Shrimadhopur, Sikar whereby he dismissed the application filed by the petitioner under Section 97 and 98 Cr.P.C.Â
Therein the petitioner claimed that Ms. Usha Verma is his wife and prayed for her release from illegal detention of private respondents.
The petitioner, who is appearing in person, has stated that the petitioner and Ms. Usha Verma were friends for last five years. They were living
together for last two years in live in relationship as husband and wife. When Ms. Usha Verma divulged her intention of marrying the petitioner to
her parents, Respondents No. 5 to 8, she was brutally beaten. She was detained in her parental house. It is contended by the petitioner that Ms.
Usha Verma is major as 21.09.1993 being her date of birth. Copies of her Secondary School Certificate and Aadhar Card have been placed on
record. The petitioner has also placed on record copy of letter, which Ms. Usha had addressed to the petitioner wherein she has made detailed
narration as to how she was subjected to beating by her father and threatened of dire consequences if she married the petitioner.Â
While considering the documents placed on record by the petitioner, this Court vide order dated 09.05.2018 issued notices and directed the
respondents to produce Ms. Usha Verma, who has been produced in the Court today by Mr. Bhagwan Sahai, S.H.O., Police Station Shrimadhopur.Â
Her father and mother have also appeared in the Court. When we enquired from Ms. Usha Verma whether she is willing to go to her parental
house if they agree for her marriage with the petitioner and solemnize such marriage as per Hindu customs, Ms. Usha, who is aged 23 years, has
vociferously opposed the idea of going back to her parents. She has stated that she was subjected to consistent beating since 18.04.2018 and her
original educational certificates/degrees as also cell phone have been snatched by her father. She wants to marry the petitioner. Respondent No.
5, Shri Omprakash, father of Ms. Usha Verma submits that even though he and his wife tried to persuaded Ms. Usha to desist from going to the
petitioner, but if she is adamant to marry the petitioner, they would not oppose her marriage with the petitioner. He submits that he would return her
original educational documents/degrees to Ms. Usha Verma.Â
Having heard the petitioner, Ms. Usha Verma, her father (Respondent No. 5), we find that there was initial resistance by parents of Ms. Usha Verma
for the marriage because they were not in favour of inter caste marriage. Now when, Om Prakash, father of Ms. Usha has stated that he would
not oppose marriage of the petitioner and Ms. Usha, we set Ms. Usha Verma free to go wherever she wants to go and marry the man of her choice
because as a major person, she is the master of her choice. After marriage, if the petitioner and Ms. Usha may appear before the Marriage Officer
under The Special Marriage Act, 1954 read with The Rajasthan Compulsory Registration of Marriage Act, 2009, for the purpose of registration of
marriage, he shall waive condition of notice of marriage and consider application of the marriage on furnishing a proof thereof for registration.Â
Although, Shri Om Prakash, father of Ms. Usha Verma has assured to return the original educational certificates/degrees to her, but if he does not do
so, S.H.O., present in the Court, shall recover/collect them from her father and hand over the same to Ms. Usha Verma on the address disclosed by
her. We further direct S.H.O. of concerned area where the petitioner and Ms. Usha Verma intend to reside to provide them protection if and when
needed based on threat perception.Â
With the aforesaid direction, petition is disposed of.Â
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