MOHD. SARIK Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This is a Habeas Corpus petition filed by the husband, whose wife Ms. Sarika has been sent to Nari Niketan by orders of the District Child Welfare Committee, Haridwar. The Nari Niketan where she has been sent is in Dehradun.

(2.) The present petitioner and Ms. Sarika, his wife are both of Muslim faith. They were married on 21/11/2018. The Nikahnama is on record, which bears the signatures of witnesses as well. Nevertheless since the couple had a threat perception at the hands of Jahid, who is father of the girl, they sought protection from this Court by filing Criminal Writ Petition No. 2199 of 2018, in which following orders were passed on 12/12/2018

(3.) Inspite of the said order, the girl was sent to Nari Niketan on ground that she is 17 years of age. Regarding determination of her age we have also passed an order at pre-lunch session and on the consent given by Mohd. Sarik (petitioner before this Court), Ms. Sarika as well as the counsel, we had directed the B.D. Pandey Government Hospital, Nainital to get the X-ray done and file a report. The report says as under