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2017 Supreme(All) 719

PANKAJ MITHAL, MUKHTAR AHMAD
NEELAM NIGAM @ NAGMA PARVEEN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Shashi Dhar Shukla for the Petitioner; G.A. for the Respondents.

JUDGMENT :

1. Heard learned counsel for the parties.

2. The petitioners claim themselves to be the husband and wife. They have married on 27.11.2016 after the petitioner no. 1 had left her parental house and had reached Mumbai where petitioner no. 2 was said to be based.

3. The Child Welfare Committee passed an order on 25.4.2017 holding her to be a major. Thus, the father of petitioner no. 1 who is fourth respondent in this petition preferred a representation/appeal under Section 27 (10) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short of the Act) before the District Magistrate.

4. On the aforesaid representation/appeal District Magistrate has passed the impugned order dated 4.5.2017 and on the basis of the High School certificate of petitioner no. 1 has held that her date of birth is 26.1.2001 and therefore she has not completed the age of 18 years rather she is only 16 years and 3 months of age. Accordingly, the order the Child Welfare Committee has been set aside and the petitioner no. 1 has been directed to be lodged in Nari Niketan, Faizabad as she refused to go with her parents.

5. The above order passed by the District Magistrate has been challenged













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