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2005 Supreme(Raj) 3192

RAJASTHAN HIGH COURT AT JAIPUR BENCH
V.K.Bali, Ajay Rastogi, JJ.
Mohan Lal Sharma S/o Hanuman Prasad - Appellant
Versus
State of Rajasthan and Others - Respondent
D.B. Civil Habeas Corpus Petition No. 4439 of 2005.
Decided On : 31-08-2005

Advocates:
For the Petitioner:Anoop Dhand, Advocate.
For the Respondents: M.L. Goyal, Addl. G.A.

Headnote:Constitution of India, 1950, Art. 21 & 226 – The present case is a writ of Habeas Corpus – it was contended that a girl below 18 years of age, has been illegally detained by respondent no. 4 – the girl in question present in court and testified that she is not a minor, she is 19 years of age and is the wife of respondent no. 4 – held, ossification test be conducted to determine her age.

JUDGMENT

1. - Pursuant to order dated 2.6.2005 Mamta alleged detenu is present in Court and we have recorded her statement. She categorically states that she is 19 years of age and is married to Jaipal Singh respondent No. 4 herein and wants to live with him only. She has further stated that she does not want to go with her parents.

2. Mr. Anoop Dhand, counsel for petitioner, however, vehemently contends that marriage of Mamta if at all with the respondent No. 4 Jaipal Singh is wholly illegal being against the provisions of Hindu Marriage Act as Mamta is below 18 years of age. Being a minor, she cannot even with her consent be permitted to live with respondent No. 4- Jaipal Singh as parents of Mamta are her natural guardians. He further states that Mamta being below 18 years of age is proved from the certificate issued by the District Education and Training Institute (DIET), Sikar (Ann. 1).

3. Learned Addl. Government Advocate, however, contends that from appearance Sint. Mamta appears to be more than 18 years of age. Mamta herself stated while we were ascertaining her views in chamber that her parents had wrongly recorded her age lesser by three years when she appeared for the examination of Class 8th.

4. In view of conflicting claims with regard to age of Mamta, we are of the view that it would be worthwhile to ascertain her age by an ossification' test.

5. We direct the Superintendent, SMS Hospital, Jaipur to depute competent Doctor who may conduct ossification test to determine the age of Mamta.

6. A copy of this order be sent to Superintendent, SMS Hospital, Jaipur under the signatures of Court Master today itself. Mamta will be produced before the Superintendent, SMS, Hospital, Jaipur for ossification test at 4.00 p.m. today.

7. List the matter for hearing on 2.9.2005. Till next date Mamta would be kept in Nari Niketan, Jaipur.Order issued.

*******


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