Mridul Baul Minto Vs. Serajul Islam Babul

Appellate Division Cases

(Criminal)

PARTIES

Mridul Baul Minto and another……………………..Appellants

-vs-

Serajul Islam Babul and others………………………Respondents

JUSTICE

Md. Ruhul Amin. J

K.M. Hasan. J

Md. Fazlul Haque. J

JUDGEMENT DATE: 23rd November, 2002

The Naril-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995, Section 9 (Ka) and (ga), 14. The Code of Criminal Procedure Section 497 and 498.

Marriage of the girl with a man of her parents choice and of her living with the said

man as a wife if the direction of the High Court Division to the effect “she is allowed to left with her present husband petitioner No. 1” is not set aside there is likelihood of serious complication particularly because of the fact girl has been given in marriage to a man of her parents’ choice and thereupon Respondent No.l as is no longer the husband of Respondent No.2 …………………………(6)

Criminal Appeal No. 1 of 1998. (From the judgment and order dated December 10, 1997 passed by the High Court Division in Criminal Miscellaneous Case No. 4691 of 1997).

Mahbubey Alam, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-

Record…………. For the Appellants

Md. Nawab AH, Advocate-on-Record…………. For the Respondents

JUDGMENT

1. Md Ruhul Amin, J :- This appeal has been filed by the maternal uncle and the father,

appellant Nos. 1 and 2 respectively of the girl, who was kidnapped by the Respondent No.l, against the judgment and order dated December 10, 1997 of the High Court Division in Criminal Miscellaneous Case No. 4691 of the 1997 (arose from G.R. Case No. 256 of 1997 of the Court of Magistrate, 1st Class, Munshiganj, registered in connection with Mushiganj P.S Case No. 18 dated 21.10.1997) . The Mushingang P.S. Case No. 18 (10) 1997 has been started under Section 9 (Ka) and (ga) of Section 14 of the Naril-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995.

2. Criminal Miscellaneous Case was filed under Section 497 and 498 of the Code of

Criminal Procedure with the prayer for anticipatory bail. The High Court Division by the

order dated December 10, 1997 upon issuing Rule granted ad-interim anticipatory bail to the Respondent No.l herein. Respondent No. 1 is the person with whom appellant No. 2’s daughter, Respondent No.2 herein, left the house of her parents. The High Court Division at the time of granting anticipatory bail to the Respondent I made direction to the effect that Respondent No. 2 shall not be arrested in connection with the Munshiganj P.S Case No 18 (10)97 or “in connection with any other case relating to this matter, further petitioner No.2 shall not be directed by any authority to keep her in any custody and she is allowed to live with her present husband petitioner No.l.” petitioner Nos.l and 2 in the Criminal Miscellaneous Case No. 4691 of 1997 are Respondent Nos.1 and 2 respectively.

3. As seem from the leave granting order the appellants upon primarily taking exception

to the order of the High Court Division not to keep the Respondent No.2 in any custody and allowing the Respondent No.2 to live with Respondent No.l have obtained the leave to appeal.

4. It may be mentioned the appellants initially obtained an order of stay from this Court

as to the direction of the High Court Division in respect of Respondent No.2 for not keeping her in any custody and to allow her to live with Respondent No.l and that at the time of granting leave the order of stay obtained earlier was extended till disposal of the appeal. At the time of granting of leave this Division directed the Respondent No.l to produce the victim girl (respondent No.2) before the learned Magistrate, Munshiganj forthwith and that learned Magistrate was also directed to secure appearance of the girl before him through police and that made further direction to put the Respondent No.2 in judicial custody on production or appearance. At the time of granting leave to appeal the appellants were given liberty to make prayer for the custody of the girl (Respondent No.2) in the appropriate forum or that as they are advised.

5. Learned Counsel for the appellants submits that in the light of the direction and observation of this Division made at the time of granting of leave to appeal father (appellant no.2) of the Respondent No.2 prayed for custody of her daughter and that his prayer for custody of respondent No.2 was allowed and the girl was allowed to go with her father. The learned counsel further submits that by the time the girl has been given in marriage by the parents to a boy of their choice and that the Respondent No.2 is living in her conjugal home.

6. The learned Counsel submits that in the background of the aforesaid fact i.e. marriage of the girl with a man of her parents’ choice and of her living with the said man as a wife if the direction of the High Court Division to the effect “she is allowed to left with her present husband petitioner No. 1” is not set aside there is likelihood of serious complication particularly because of the fact girl has been given in marriage to a man of her parents’ choice and thereupon Respondent No.l as is no longer the husband of Respondent No.2

7. In the background of the submissions of the learned counsel noted hereinabove this

appeal is disposed of upon setting aside the direction of the High Court Division to allow

the Respondent No.2 to live with the Respondent No.l as his wife made in the Criminal Miscellaneous Case No. 4691 of 1997.

Ed

Source: I ADC (2004), 358

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