A visit to District courts today proved a nightmare for a couple who is now seperated due to legal hassels and confined in police custody. Mukesh Saini and his wife Suman Saini had come from Delhi to the district courts today to meet their lawyer for getting their marriage registered with the Registrar of Marriages, Chandigarh, when at about 11 a.m. they were sorrounded by the parents and relatives of Suman at the entrance of the courts premises. While the Chacha, Mama and cousin of Suman pounced upon Mukesh and beat him in full public view, Suman was caught by her mother and mausi. The lawyer of Mukesh who saw his client being beaten fled from the scene.
On the other hand, the parents of the girl continued pressurising her in the police post that they will kill both of them unless she gives statement against her husband. But she gave her true statement to the police that her husband was beaten by her Chacha Rajender Saini, her Mama Prem and cousin Rajesh and both of them apprehend threat to their life at the hands of her parents and relatives.on her statement, DDR NO.10 dated 18.3.2003 has been recorded in Police Post, Bus Stand Sector 17,Chandigarh. According to the police, since the medical report of X-ray of Mukesh is awaited, further action will be taken on receipt of the medical report.
The girl was produced before K.K.Goel, Judicial Magistrate First Class, Chandigarh in the afternoon where the police of P.S.Sector 34, Chandigarh informed the court that an F.I.R. for abduction has been registered against Mukesh on the statement of the parents of Suman. The police moved two applications to the Magistrate, for getting medical examination of the girl and for recording her statement under section 164 of Cr.P.C. While allowing the medical examination of the girl, the court ordered the girl to be sent to Nari Niketan till March 20, 2003 when her statement would be recorded. The girl however, refused to get herself medically examined as she stated before the court that she is 20 years of age and has passed plus two class and has taken admission in B.A. Part I.
Coming back to the police post, it was found that Mukesh was kept in the police post for want of any relative as the assailants were still standing outside the police post and the police was apprehending another clash between the parties. But the assailants were not arrested or questioned by the police for reasons best known to them. The Incharge of the Police Post, SI Gulshan Kumar told the team of lawyers accompanying the boy that unless somebody takes his responsibility, the police cannot release the boy to be again beaten by the assailants. In the meantime, a team of police officials from Police Station, Sector 34, Chandigarh led by SI Baldev Singh came and took Mukesh to the Police Station, Sector 34, Chandigarh. He was later on released by the police on the intervention of the lawyers for human rights international. Suman, who has herself stated before the Judicial Magistrate and also in her DDR in the Police Post, Bus Stand, Sector 17, Chandigarh that she is major and had married Mukesh Saini of her own sweet will and he had not abducted her, is still in Nari Niketan till March, 20, 2003.
The most interesting part of the story is that Chandigarh Police having complete knowledge of the fact that the girl is denying her abduction before the police and also in her written application moved by her in the court of Judicial Magistrate, that she had married Mukesh of her own sweet will and she being the major is legally competent to marry anybody of her choice and the complaint made by her parents is false one Further, after recording of the statement of the girl under section 164 Cr.P.C. by the Magistrate, if the girl sticks to her statement, the police would have no option but to seek the discharge of the boy as no offence had been committed as alleged by the parents of the girl.
The girl in her interview to the press disclosed that she had fled from her home on March 1, 2003 and went alongwith Mukesh to Delhi where they stayed till yesterday. They married at Hanuman Mandir Delhi on March 10, 2003 against the wishes of the parents of the girl. During this period, Mukesh talked with his brother Ram Kumar for getting their marriage registered with the Registrar of Marriages Chandigarh and Ram Kumar contacted a lawyer for doing the same. The lawyer had called the couple today to his chamber in the district court for handing over the original documents proving their marriage and before they could hand over those documents, they were attacked by the parents and relatives of the girl. Ram Kumar whose name also appears in the F.I.R. is finding too hard to help his brother with his limited resources.
The girl was represented by Arunjeev Singh Walia, Tejinder Singh Sudan, Ravinder Minhas and Arvind Thakur, all members of Lawyers For Human Rights International.