Learned counsel for the petitioners submitted that petitioner No.1 is legally married wife of petitioner No.2. They have solemnized their marriage on 3.6.2021 at Arya Samaj Mandir, Delhi out of their sweet will and prompted by previous love affairs and certificate of marriage issued by Arya Samaj Mandir, Khirki Extn, Delhi has been filed in support of the petition, in which date of birth of petitioner No.1- Shashi is 1.2.2001 and that of petitioner No.2 is 1.1.1997, which reveals that they had attained age of majority and capacity to enter into marriage. However, an FIR was lodged at the instance of respondent No.4 Ram Kishor @ Pappu, the father of petitioner No.1 against petitioner No.2 vide Case Crime No. 77 of 2021, under Sections 363 and 120-B IPC at Police Station Barnahal, District Mainpuri and the petitioner No.2 has been enlarged on bail in this case vide order dated 25.1.2022 in Criminal Misc. Bail Application No.38431 of 2021 by Co-ordinate Bench of this Court. Petitioner No.1 in her statement recorded under Section 164 Cr.P.C. in above criminal case that she had gone to Delhi with Kuldeep out of her sweet will. She had married to him and was residing with him as husband and wife out of love affairs and subsequent marriage. He has not committed anything with her forcefully. She intended to reside with him. However, petitioner No.1 is taken into illegal custody by her father i.e. respondent No.4 and she is not permitted to reside with her husband i.e. petitioner No.2 due to high end business of respondent No.4. The date of birth of petitioner is mentioned in her Adhar Card as 1.1.2000 and on that basis also, she is major and aged around more than 20 years at the time of her marriage. She is sue-judis and competent to enter into marital alliance with a person of her choice.
