(1.) The present writ petition under Article 226 of the Constitution of India was instituted on behalf of Mr. Keshav Kumar, seeking a writ of habeas corpus directing the official respondents to produce his legally wedded wife, Ms. Shivangi, before this court. It was the petitioner's case that Ms. Shivangi had been detained illegally and against her will at Nirmal Chhaya Complex, Jail Road, Hari Nagar, New Delhi, on the basis of directions issued by the concerned Child Welfare Committee (CWC).
(2.) The solitary issue that arose for consideration in the present petition before this court was with respect to Ms. Shivangi's date of birth; and consequently her age, so as to decide if she could legally be married and live with the petitioner. After numerous hearings, whereby directions were issued to the Delhi Police to conduct an enquiry into Ms. Shivangi's date of birth, it has now emerged from status report dtd. 27/12/2021 filed by Inspector Ajay Sharma, P.S.: Najafgarh, that Ms. Shivangi is the eldest of five children (four daughters and one son) of Shri Mahesh Pandey and Smt. Radha Devi Pandey. A purposive reading of the said status report further indicates that Ms. Shivangi was admitted to the Government Primary School, Salempur Pandey, District Basti, Uttar Pradesh on 14/9/2007. The report of the Headmaster of that school, as well as the copy of the subject admissions register, which are annexed with the status report, clearly reflect that as per the records of the school first attended, Ms. Shivangi's date of birth is 13/7/2001.
(3.) In view of the foregoing, it is axiomatic that Ms. Shivangi had already attained majority on 3/1/2021, the date on which she is stated to have got married to the petitioner.