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HIGH COURT OF JUDICATURE AT ALLAHABAD
SALIL KUMAR RAI, ZAFEER AHMAD
Guddi Devi – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
SALIL KUMAR RAI, J.
The present petition has been filed for a writ of Habeas Corpus for
release of petitioner no. 1 from what is alleged to be an illegal detention by the State respondents. The petitioners claim to be married and that
petitioner no. 2 is the husband of petitioner no. 1.
It is claimed in the writ petition that the date of birth of petitionerno. 1 is 01.01.2004 and petitioners married according to Hindu Rites and Customs on 25.04.2025 at Arya Samaj, Damodar Puram, Subhash Nagar, Bareilly. It has been stated that petitioner no. 1 voluntarily left her parental home and married petitioner no. 2 and no force or coercion was applied on her either to leave her parental home or marry petitioner no. 2. On 27.04.2025, the respondent no. 4 who is the father of petitioner no. 1 lodged a first information report registering Case Crime No. 95 of 2025 under Section 137 (2) of the Bhartiya Nyay Sanhita, 2023(hereinafter referred to as ' BNS '). It was stated in the first information report that petitioner no. 1 was aged 16 years and 9 months. The first information report was challenged by the petitioners before this Hon'ble Court through Criminal Misc. Writ Petition No. 922
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.
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 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.
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 is not maintainable against custody resulting from judicial orders by a Child Welfare Committee, as the remedy lies under the Guardians and Wards Act.
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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