JUDGMENT :

SANDEEP MEHTA, J.

1. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner Anjuma Khatun seeking issuance of a Writ in the nature of Habeas Corpus and a direction to release her from the illegal custody of her parental house where she was allegedly facing inhuman torture from her parents, brothers, etc.

2. Brief facts relevant and essential for disposal of the present petition may be noted herein-below:

The petitioner herein eloped and contracted the marriage with one Omar Faruque on 05.07.2022. The paternal family members of the girl lodged an FIR against Md. Omar Faruque at the Dhula Police Station and during the course of investigation thereof, the petitioner was traced out and was presented to the Child Welfare Committee (CWC) concerned. When the statement of the girl was recorded by the competent Court during the course of investigation, she made a categorical deposition that her date of birth was 03.07.2004. The corresponding school document, i.e. the Secondary School Certificate, was presented in support of this statement. Md. Omar Faruque was apprehended. Custody of the girl was thereafter handed over to the parents by the Child Welfare Committee, Darrang. However, she again escaped where after, another FIR No. 220/2022 came to be registered at the Dhula Police Station. The girl was again traced out and this time, she was sent to the Child Care Institute, Darrang. However, custody of the girl was again handed over to her parents whereupon, she has preferred the captioned writ petition in this Court seeking a direction to release her from the illegal custody of her parents. It is also alleged by the petitioner that she was being tortured by her father (respondent No. 5) and brother (respondent No. 4) and apprehended threat to her life and limb, at their hands.

3. In support of the claim of majority, the petitioner has placed reliance on a certificate dated 30.07.2021 (Annexure-1) issued by the Board of Secondary Education, Assam, wherein her date of birth is recorded as 03.07.2004. Copy of the marriage certificate dated 05.07.2022 is filed as Annexure-2 to the writ petition wherein also, the date of birth of the petitioner is mentioned as 03.07.2004.

4. Upon entertaining the writ petition, this Court directed the respondent authorities to produce the corpus before this Court. On 11.11.2022, this Court was apprised that the corpus is major and she has been kept in the State Home for Women at Jalukbari, Guwahati. After repeated directions, the girl was produced in the Court and she expressed an unequivocal desire to proceed with her husband and repelled the suggestion of being sent with her parents. She was continued to be lodged in the State Home for Women where she is presently staying. Pleadings have been completed.

5. Learned counsel representing the petitioner corpus contended that the age of the corpus recorded in the school documents conclusively establishes that she was major when she contracted marriage with Md. Omar Faruque. He submits that the documents relied upon by the respondent Nos. 4 and 5, i.e. the brother and father, respectively, of the girl have no evidentiary value because as per Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred as “2015 Act”) the age recorded in the matriculation certificate has to be given preference over any other age related document. He has urged that a direction deserves to be issued to forthwith release the girl from the State Home for Women and to allow her to proceed with her husband.

6. Learned counsel representing the respondent Nos. 4 and 5, on the other hand, vehemently and fervently contended that the date of birth of the girl as recorded in the Secondary School Certificate is incorrect. In support of this contention, the learned counsel relied upon the following documents:

(i) A birth certificate dated 10.10.2017 issued by the Department of Health Services, Governme