Entajul Ali Vs the State of Assam and 4 Ors. — Gauhati HC (2025) — LawSathi Research

Entajul Ali Vs the State of Assam and 4 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No further Court action required; petitioner left free to do whatever is needful in due process of law, with express liberty to approach the Court again if he is not allowed to meet 'Y'; certified copies of the sealed DLSA report, identity documents and original statement to be kept and provided to the petitioner, the State or respondent No. 5 on request.

Issue for consideration

Whether, now that 'Y' has given her statement before the Member Secretary, DLSA and that statement has been recorded and produced before the Court in original, any further action is required in the matter, and whether the petitioner may meet 'Y' and act in due process of law.

Court's answer

As 'Y' has been able to give her statement before the Member Secretary, DLSA, and her statement has been recorded and produced before this Court in original, no further action is required in the matter; it is open to the petitioner to do whatever is needful in due process of law under the circumstances.

Ratio / Principle

In the event the petitioner is not allowed to meet the said 'Y', the petitioner shall be at liberty to approach the Court again.

Key takeaways

The report of the Secretary, DLSA, Darrang, together with copies of the Adhaar Card and Electoral Photo Identity Card of 'Y' and her father and the statement of 'Y' in original, shall be retained in the seal cover along with the record.ratio¶30

Detailed headnote1 paragraphs

Gauhati High Court, W.P.(Crl.)/13/2025 (bench: Kalyan Rai Surana & Susmita Phukan Khaund JJ.; order authored by K.R. Surana, J), disposed of on 15.09.2025. Petitioner Entajul Ali's writ petition concerning 'Y' (name withheld, aged 24), with whom he is in a relationship, was closed after verification. Pursuant to the Court's order of 29.07.2025, the learned Senior Government Advocate produced the report of the Secretary, DLSA Darrang dated 11.08.2025, recording 'Y's statement that in April she had voluntarily accompanied the petitioner for registration of their marriage; that she was brought back by her parents (not of her own volition); that she suffered no torture or ill-treatment and resides peacefully with her parents; that her parents made no attempt to compel her into the arranged marriage; and that she desires to marry the petitioner. Holding: since her statement was recorded and produced before the Court in original, no further action is required; the petitioner may do whatever is needful in due process of law, with liberty to approach the Court again if denied access to 'Y'. The DLSA report, identity-card copies and the original statement were ordered retained in seal cover with the record, certified copies being available to the petitioner, State and respondent No. 5. No statute or precedent is cited in the order.

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GAHC010079072025

2025:GAU-

AS:12550-DB

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : W.P.(Crl.)/13/2025

ENTAJUL ALI

S/O RUHULLA ALI, R/O VILL AND P.O- HALDHA, P.S BAIHATA CHARIALI, PIN 781121, DIST KAMRUP, ASSAM

2: ENTAJUL ALI

S/O RUHULLA ALI R/O VILL AND PO HALDHA PS BAIHATA CHARIALI PIN 781121 DIST KAMRUP ASSA

VERSUS

THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-6

2:THE DIRECTOR GENERAL OF POLICE ASSAM ASSAM POLICE HEAD QUARTER ULUBARI GUWAHATI-781007

3:THE COMMISSIONER OF POLICE CITY POLICE COMMISSIONERATE KAMRUP (M) ANANDA RAM BARUAH ROAD PAN BAZAR GUWAHATI-781001 DIST- KAMRUP (M) ASSAM

4:THE OFFICER-IN-CHARGE ALL WOMEN POLICE STATION PANBAZAR

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GUWAHATI-781001

5:MADHURAM BORO S/O UNKNOWN R/O VILL- JAYANTIPUR P.S.- SIPAJHAR PIN-784148 DIST- DARRANG ASSA

Advocate for the Petitioner : MR G R A MOTTAQUEE, MR. A R BHUYAN

Advocate for the Respondent : GA, ASSAM, MR. A K SHARMA (R-5)

BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

ORDER

15.09.2025

(K.R. Surana, J)

Heard Mr. A. R. Bhuyan, learned counsel for the petitioner; Mr. D. Nath, learned Senior Government Advocate appearing for the respondent Nos. 1 to 4 and Mr. A. K. Sharma, learned counsel appearing for the respondent No. 5.

Pursuant to the order passed on 29.07.2025, the learned Senior Government Advocate has produced a report by the Secretary, District Legal Services Authority, Darrang dated 11.08.2025, discloses inter alia, that the concerned named ‘Y’ (name withheld), who is presently 24 years of age is in relationship with the petitioner and in the month of April, she had voluntarily accompanied him for registration of their marriage. However, she was instructed by their advocate to submit a particular document before the police station and when she went to the police station, her parents were informed and they

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brought her back to the parental home. According to the statement made by ‘Y’, she did not returned home on her own volition but she was brought back by her parents. Moreover, she has stated that she was not subjected to any form of torture or any ill treatment and she is currently residing peacefully maintaining cordial relationship with her parents. The said ‘Y’ has informed that her parents did not made any attempt to compel her to proceed with the already arranged marriage but advised her to take a rational and wise decision regarding her life partner and accordingly she has expressed her desire to marry the petitioner.

Under such circumstances, the Court is of the considered opinion that as ‘Y’ has been able to give her statement before the Member Secretary, DLSA and her statement has already been recorded and produced before this Court in original, no further action is required in the matter and it would be open to the petitioner to do whatever is needful in due process of law under the circumstances. In the event, he is not allowed to meet the said ‘Y’, the petitioner shall be at liberty to approach the Court again.

The report of the Secretary, DLSA, Darrang along with a copy of the Adhaar Card, Electoral Photo Identity Card of ‘Y’ as well as her father including the statement of ‘Y’ in original shall be retained in the seal cover along with the record.

It is provided that in the event, the petitioner, State or the respondent No. 5 requires a certified copy, it shall be kept and provided to them.

Accordingly, this writ petition stands disposed of.

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JUDGE JUDGE

Comparing Assistant