W.P. No. 5721/2010 12.5.2010
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Shri Wakeel Khan, learned counsel for petitioner.
Shri Deepak Awasthy, learned GA for State.
Heard.
This petition has been filed by the petitioner alleging
that he has performed the marriage with Ku.Vandana,
daughter of Dewaki Nandan Dewaliya. However, there is no
proof of marriage submitted along with petition. The
affidavits which have been filed only indicates that there
was intention to perform the marriage . The photograph
which has been filed is not of marriage ceremony, it cannot
be taken to be a proof of performance of marriage of
petitioner with Ku.Vandana. Petitioner’s counsel has
submitted that Vandana is going to be married again on
16.5.10. In view of the fact that petitioner has not been able
to prove it prima facie that he has performed marriage with
Ku.Vandana, we are not inclined to entertain this petition
filed to hold that she is in illegal custody of Dewaki Nandan
Dewaliya who is the father of Ku. Vandana.
In view of aforesaid, we leave it open to the petitioner
to avail the appropriate remedy before Civil Court to prove
the factum of marriage in appropriate proceedings, only
thereafter he can claim the custody of Ku.Vandana.
The writ petition being devoid of merits is hereby
dismissed.
(Arun Mishra) (S.C.Sinho)
Judge. Judge.
jk.