Kotputli Rajasthan SDM & SP directed to produce Kangra bride in high court
Photo used for indicative purpose only. Source internet
Shimla, July 17
Taking cognizance of a civil writ petition moved by a Kangra resident before the Himachal Pradesh High court on the allegations that his bride Disha Yadav was taken away to Rajasthan against her will, HC directed concern SDM & SP to ensure presence of the bride before the court on next hearing
During the hearing on July 14, Himachal Pradesh High Court impleaded the Sub-Divisional Magistrate (SDM) and Superintendent of Police (SP), Kotputli in Rajasthan, as respondents in a petition alleging that a woman, who had married a Kangra resident, was taken away against her wishes under the guise of proceedings initiated under Section 100 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
A Division Bench comprising Chief Justice G.S. Sandhawalia and Justice Bipin C. Negi passed the order while hearing a writ petition filed by Aditya, who claimed to have married Disha Yadav at Chamunda Mata Temple in Kangra on February 1 this year.
According to the petition, an FIR was later registered against the petitioner as he had not attained the age of 21 years at the time of marriage. The petition also stated that Disha Yadav had given a statement to the police on February 16 declaring that she had married Aditya of her own free will and that her uncle had visited her matrimonial home after the marriage.
The petitioner further alleged that despite a compromise between the families in March, the SDM, Kotputli, later issued proceedings under Section 100 of the BNSS for tracing the woman, alleging that she had been induced or lured away.
Acting on the order, she was allegedly taken from Kangra by her parents against her wishes without informing the local police or making the required official entries. The petitioner expressed apprehension regarding her safety and liberty or would be ‘harmed’
Allowing an oral request by the petitioner’s counsel, the High Court ordered that the SDM, Kotputli and the SP, Kotputli be arrayed as respondents in the case and directed the petitioner to file an amended memo of parties.
Issuing notice to the newly added respondents, the Bench directed, “Keeping in view the above narrated facts, respondents No.3,4, 7 and 8 shall ensure the presence of Smt. Disha Yadav in this Court on the next date of hearing.” The matter has been listed for further hearing on July 23.
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