TAHRA BEGUM Vs. STATE OF DELHI

JUDGEMENT

(1.) The petitioner seeks a writ of habeas corpus for the production of her daughter (Shumaila). It was alleged that Shumaila was a minor (aged 15) when she was kidnapped by Mehtab on 12.04.2011 along with Rs.1,50,000. The petitioner s husband reported the kidnapping to the Gokalpuri police and on 14.04.2011 got FIR No. 123 of 2011 registered.

(2.) It is alleged that after the abduction of Shumaila, on 13.03.2012 the petitioner received telephonic threats from Mehtab stating that if the petitioner took any legal action against him, he would kidnap her other daughter; the police were informed of this incident. It is also alleged that on 19.03.2012 the petitioner approached the Deputy Commissioner of Police and requested him to rescue her minor daughter from the illegal detention of the accused. However the police did not take any action and hence the petitioner approached this Court through this petition. The petitioner relies on the birth certificate on record of Shumaila issued by the Delhi Government which shows that her date of birth was 10.06.1996. It is submitted by the petitioner that the age of her daughter at the time of kidnapping was 15 years.

(3.) After notice was issued, the police traced Shumaila, who appeared before this Court and stated that she voluntarily went away with Mehtab and has married to him; they have been living as husband and wife since then. Shumaila also told the Court on 18 th April, 2012 that she did not wish to go back to her parents and that she wanted to continue to stay with her husband. In the meanwhile, Shumaila was kept in Nirmal Chaya; after her production before the Child Welfare Committee, that body, through its order dated 24- 4-2012, stated that according to available records, Shumaila s age was 15 years, 10 months and 23 days. The issue to be decided by this Court, in view of these developments is, whether Shumaila should be directed to return to her parental home.