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HIGH COURT OF JUDICATURE AT ALLAHABAD
SALIL KUMAR RAI, ZAFEER AHMAD
Rohini – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
SALIL KUMAR RAI, J.
The present petition has been filed for a writ of Habeas Corpus to release the petitioner no. 1 from Rajkiya Balgrih (Balika), Swaroop Nagar, Kanpur Nagar.
The petitioners claim to be married according to Hindu Rites and Customs and that petitioner no.2 is the husband of petitioner no. 1.
It is stated in the writ petition that the date of birth of petitioner no. 1 is 01.01.2005 and in support of the aforesaid averment, a mark- sheet allegedly issued by Rameshwar Singh, Janta Vidhyalaya, Khama Paraur, Kannauj as well as family register of petitioner no. 1 are annexed with the writ petition. The Aadhaar card of petitioner no. 1 annexed with the writ petition also discloses that the date of birth of petitioner no. 1 is 01.01.2005. The case of the petitioners is that petitioner no. 1 had gone
with petitioner no. 2 and married him in 2023 voluntarily and no force or coercion was applied on her. Respondent no. 5, who is the mother of petitioner no. 1 lodged a first information report on 25.01.2024 registering Case Crime No. 15 of 2024 under Sections 147 , 363, 366, 323, 506 IPC . The petitioner no. 1, after being recovered was subsequently handed over to respon
A writ of Habeas Corpus may be issued when a detention order lacks jurisdiction or is passed mechanically, especially in cases where age determination is not substantiated as per law.
The court ruled that a Child Welfare Committee cannot rely on unverified school records for age determination when medical evidence indicates adulthood, rendering its jurisdictional order invalid.
The age of a victim must be determined primarily using valid school records or certificates, with medical tests as a secondary option; unreliable documents cannot dictate age determinations.
Writ of habeas corpus is not maintainable against custody resulting from judicial orders by a Child Welfare Committee, as the remedy lies under the Guardians and Wards Act.
Offence of Rape – Determination of Age - As per statutory mandate of S. 94(2) of J.J. Act, primacy is to be accorded to date of birth certificate from school or matriculation or equivalent certificat....
Writ of habeas corpus – Criminal trial – Claim of juvenile – determination of age – Certain limitations to this writ and the most basic of such limitation is that the Court, before issuing any writ o....
Detention – Child Welfare Committee - Once corpus is minor and the girl had refused to go with her parents, then in such situation arrangement has to be made. Her interest is paramount and before pro....
where it was found on enquiry that educational certificates were fabricated or manipulated, the Court could discard the date of birth as reflected therein.
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