A.K. Sikri, J.

The Association for Social Justice and Research, the petitioner herein has filed this petition for a direction in the nature of habeas corpus to trace minor child Chandni @ Chandrawati, daughter of Mr. Vijay Pal. It is stated that the said girl is only 11-12 years of age and at this tender age, her parents have married her for consideration to one Mr. Yashpal, resident of Village and Post - Baliana who is stated to be 40 years of age. It is further stated that on coming to know about this incident, several civil society groups came up to rescue the child, but failed to trace the girl. The petitioner-Association has, in fact, constituted a fact-finding inquiry. The said team as well as Mahila Panchayat working for the cause of gender justice and equality for women came to know from the residents of locality that the father of Chandni has married his minor daughter for consideration to one Mr. Yashpal, respondent No. 13. It is also alleged in the petition that the respondent No. 13 has kept her in hiding.

2. Directions were given to the concerned Police Station to trace and produce the girl. Matter was adjourned from time to time, as in the beginning police authorities were unsuccessful in tracing out the girl, her father, Vijay Pal and her husband, Yashpal. In these circumstances on 04.05.2010, it was direct that the matter be referred to the Crime Branch. Crime Branch succeeded in its effort to trace the girl, who was produced on 11.05.2010. Here we put on record the exemplary efforts made by Mr. Sunil Kumar, Inspector and Mr. Baljeet, Sub-Inspector, Crime Branch. Father of the girl as well as Yashpal, husband of the girl were arrested and produced before the concerned Magistrate who remanded them to judicial custody. They are still in judicial custody.

3. The girl, Chandni was sent to a Children Home, i.e., 'Nirmal Chhaya' from where she was produced in this Court on 11.05.2010. We took up the matter in Chamber and conversed with Chandni. She stated that she was 17 years of age and that she consented to the marriage with Yashpal without any pressure. She denied that she was sold by her father to Yashpal or any money was taken by her father in this behalf. Learned counsel for the State informed us that Chandni was got medically examined and as per the medical report, the age of Chandni was fixed between 16 to 18 years.

4. Since the father of child, Vijay Pal as well as husband of the child were in judicial custody, in order to find a proper and just solution to the entire problem, we directed their presence today.

5. Yashpal has denied having given any money to Vijay Pal and Vijay Pal also denied having received any money from Yashpal. We may point out at this stage that Vijay Pal has six children, viz., five daughters and one son. Chandni, the eldest daughter, as mentioned above, is 17 years of age. On the other hand, Yashpal states that he is 35 years of age and a widower. From his first marriage, he has two daughters, who are 7 and 3 years of age respectively. It was mentioned by Yashpal that having regard to the fact that he has two daughters of adolescent age, in order to ensure that they be brought up in a proper manner, he decided to marry again. Marriage was fixed with Chandni with the intervention of some common friends and relatives. Chandni did not have any education at all. Vijay Pal is a labourer, who states that his earning is about Rs. 150 per day. He further stated that because of large family and meager income, he was not in a position to give any education to his children. In these circumstances, he decided to marry his eldest daughter, Chandni to Yashpal.

6. Sociologists even argue that for variety of reasons, child marriages are prevalent in many parts of this country and the reality is more complex than what it seems to be. The surprising thing is that almost all communities where this practice is prevalent are well aware of the fact that marrying child is illegal, nay, it is even punish