In case FIR No.335 dated 1.12.2010, under Sections 363/366-A of the Indian Penal Code, petitioner No.1 and Ganga Kumari, were arrested. They were produced in Court. Petitioner No.1 was sent to judicial custody and this fact is clear from the copy of the order dated 10.12.2010 (Annexure P-4). Detenue was sent with her father and the next date of hearing was 13.12.2010. Dispute amongst the parties is whether Ganga Kumari is minor or major? Suppose Ganga Kumari, is major and is the legally wedded wife of petitioner No.1 then remedy with the petitioner No.1 is to file petition for restitution of conjugal rights. Custody of Ganga Kumari, whether minor or major with her father cannot be illegal. As per order (Annexure P-4) Ganga Kumari, was directed to accompany her father. In case, Ganga Kumari is remarried by respondent No.4 then again there is efficacious remedy with the petitioner No.1 to file petition for restitution of conjugal rights or complaint under Section 494 etc. IPC. In case FIR No.335 dated 1.12.2010, under Sections 363/366-A of the Indian Penal Code, Ganga Kumari, is to appear as a prosecution witness and to depose whether she is the legally wedded wife of petitioner No.1 or not? Whether she was kidnapped or not?
