Taosif Memon vs State Of Chhattisgarh on 15 May, 2025

Chattisgarh High Court

Taosif Memon vs State Of Chhattisgarh on 15 May, 2025

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         HIGH COURT OF CHHATTISGARH AT BILASPUR


                       WPHC No. 4 of 2025

                  Taosif Memon Versus State Of Chhattisgarh

                            Order Sheet




15/05/2025         Heard Mr. S.R.J.Jaiswal, learned counsel for the petitioner

             as well as Mr. Y.S.Thakur, learned Additional Advocate General

             for the State/respondents No. 1 to 3.

It has been argued by the learned counsel for the petitioner

that the petitioner and the respondent No. 5 are major which is

evident from their respective mark-sheets of High School

Certificate Examination, and they have performed marriage on

23.04.2025 and their marriage has also been registered which is

evident from the Certificate of Muslim Marriage issued by the

Government of West Bengal, annexed at page No. 21 of the

petition. It is submitted by Mr. Jaiswal that the respondent No. 5,

who is the wife of the petitioner, is under illegal detention of

respondent No. 4, who happens to be her father. The respondent
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No. 5 has illegally been detained by the respondent No. 4 against

her wishes.

On the other hand, Mr. Thakur, learned Additional Advocate

General submits that so far as the age of the petitioner as well as

the respondent No. 5 is concerned, they are major, however, so far

as the marriage certificate is concerned, the marriage itself

appears to be void as both the petitioner as well as the respondent

No. 5 belong to different religion and their marriage could have

been registered only under the Special Marriage Act, 1954.

On a query being made by this Court with regard to the

profession of the petitioner, it has been informed that the petitioner

runs a grocery shop.

Issue notice to the respondents, as per rules.

Process fee be paid within a period of one week.

Issuance of notice to the respondents No. 1 to 3 is

dispensed with as they are duly represented by learned State

counsel.

Considering the fact that the petitioner and the respondent

No. 5 both are major and the allegation against the respondent No.

4 is that he has illegally detained the respondent No. 5, we deem it
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appropriate to direct the petitioner to deposit a sum of Rs. 1 Lac

before the Registry of this Court on or before 27th May, 2025 for

appearance of the respondent No. 5 before this Court on the next

date i.e. 10th of June, 2025, in order to ascertain the wishes of

respondent No. 5.

The respondent No. 4 is directed to appear before this Court

alongwith respondent No. 5 on the next date of hearing. The

respondent No. 2, Superintendent of Police, Korba, shall

communicate this order to the respondent No. 4 and 5, forthwith.

It is made clear that if the petitioner fails to deposit the

amount as aforesaid on or before 27.05.2025, the petition shall

stand dismissed without further reference to the Bench.

Let this case be listed on 10.06.2025.

                              Sd/-                                Sd/-
                      (Bibhu Datta Guru)                      (Ramesh Sinha)
                            JUDGE                             CHIEF JUSTICE




  Amit
 AMIT
 KUMAR
 DUBEY
Digitally signed by
AMIT KUMAR
DUBEY
Date: 2025.05.15
17:08:59 +0530