Heard learned counsel for the petitioner and the learned AGA.
In pursuance to the directions of this Court dated 29.6.2011 Petitioner and opposite party no.3-Preti are present in the Court today. The statement of opposite party no.3 under Section 164 Cr.P.C. has been recorded and in the said statement she admitted the marriage and disclosed her age about 22 years. She has also disclosed her date of birth as 20.10.1988. She also states that the educational certificates were got prepared by her father for admission and her real date of birth has been manipulated. The medical report also discloses her age above 18 years. At the moment, she is pregnant.
Now, it has to be seen as to whether O.P.No.3 will be accepted by her parents and whether she will be able to live as a wife with dignified life in the society in case she is not allowed to go along with her husband. The husband is a school teacher and it appears that he is self capable to maintain her and future of opposite party no.3-Preti will also be secured. During the pregnancy various types of considerations prevail and care is to be taken of the lady who is pregnant by giving her medical assistance, nutritional food and time to time check up which will not be possible in the Nari Niketan.
From the medical opinion, the age as disclosed, is above 18 years. The educational certificates have been relied upon by the learned Magistrate and marriage is ultimate future of a lady and in case opposite aprty no.3 is not allowed to go along with her husband, it will not be possible for her to live properly and she shall not be able to maintain her child after delivery at Nari Niketan. She has also expressed apprehension to her life by parents.
Considering over all facts and circumstances of the case the Court feels proper to allow opposite aprty no.3 to go along with her husband.
Accordingly the petition is allowed and the order dated 22.3.2011 passed by the learned A.C.J.M., Barabanki is hereby set aside. The opposite party no.3 is allowed to go along with the petitioner Sudhir Kumar.
Order Date :- 20.7.2011 BLY