IMPORTANT POINT
The court ruled that credible primary documents are essential for age determination, emphasizing the Aadhar card's validity over school records in the absence of supporting evidence.

JUDGMENT :

PRATHIBA M. SINGH, J.

1. This hearing has been done through hybrid mode.

2. The present petition has been filed on behalf of the Petitioner-Phaluta Bai under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2024 (‘BNSS’) seeking issuance of a writ of habeas corpus for production of her daughter, Ms X, who is stated to be aged about 17 years.

3. It is the case of the Petitioner that her daughter went missing on 4th October, 2024. The Petitioner is stated to have approached the Police Station New Friends Colony on 18th and 19th October, 2024. However as per the Petitioner, no action was taken. Consequently, the Petitioner approached to the DCP, South-East District, with a written complaint dated 20th October, 2024. On the basis of the said written complaint, an FIR No. 0279/2024, under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’) was registered on 22nd October, 2024 at P.S. New Friends Colony.

4. According to the Petitioner, the girl-Ms. ‘X’ is accompanied by one Mr. Shivank Mishra/Respondent No. 6 and the Petitioner had contacted the father of the said Mr. Shivank Mishra. In the complaint, it was alleged that even earlier she had left with Mr. Mishra in Surat itself but had returned 6-7 days later.

5. On 29th October, 2024 notice was issued in this petition. The father of the Petitioner was impleaded as Respondent No. 7. Further, the Court was informed that Respondent No. 7 has informed the Petitioner that the girl, Ms. X and his son had gone to Calcutta. In view thereof, the Court directed that the missing girl as also the boy, Mr. Shivank be produced before the Court on the next date of hearing.

6. On 11th November, 2024, the girl-Ms. ‘X’ was produced. Her mother and brother were also produced. The Court interacted with the parties in the Chamber. The girl states that she has studied till 5th Standard.

7. During the in-Chamber interaction, the girl, Ms. ‘X’ clearly stated that her family wanted to marry her off to someone, though she had developed friendship with Mr. Shivank Mishra. However, since there was a compulsion in the family to marry someone else she left on her own free will with her friend. She further stated that she was unwilling to go back to her family as she is apprehensive that they may forcibly marry her off.

8. Further, on the said date, a school document issued by the MCD Central Zone, Nigam Primary School was produced before the Court. On the basis of the same, it was argued that the date of birth of the girl is 12th July, 2007 and therefore she is a minor. The girl-Ms. ‘X’ however, claimed that the aforesaid date of birth is incorrect as the mother had given a lower age as she wanted to get her admitted in Standard III. She further submitted that in her Aadhar card, a different date of birth had been given by her mother itself. However, the same was in the possession of her family and they were not producing it as it would have revealed that she is a major. She also stated that her phone, which was seized by the UP Police, has a copy of the Aadhar Card.

9. In view of the categorical stand of the girl that she does not wish to go back to her mother, the Court on 11th November, 2024 directed that the girl be placed in Prayas Juvenile Aid Home, Tughlaqabad, from where she had been produced. The Court then directed the Police to retrieve the phone which was in the possession of the UP Police so that the Aadhar card of Ms. ‘X’ could be perused. In addition, the Petitioner as also her son as also the boy Mr. Shivank Mishra/Respondent No. 6 was directed to be present. The relevant portion of the order dated 11th November, 2024 reads:

“5. During the in chamber interaction, it is stated by the girl that she got married to one, Mr. Shivank Mishra on her own free will and she is unwilling to go back to her parents currently.

6. There is a doubt expressed as to the date of birth of the girl.

7. Let Mr. Shivank Mishra and his parents be produced be