SURESH PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) THE present petition relates to the custody of a girl named Pratima. She is detained in Nidhariya Kalan Balika Niketan, Ballia for the past one year and about 7 months on the ground that she is below 18 years of age. She disagreed to go with her father and expressed desire to accompany Amarjeet Respondent No. 3 to whom she appeared to have entered into a marital tie.

(2.) I have heard Sri Kameshwar Singh, learned Counsel for the petitioner, Sri V.P. Tiwari, learned Counsel for the Respondent Nos. 2 and 3, learned Additional Government Advocate for the State and perused the record.

(3.) THE High School certificate, a matter of fact, is based on the date of birth mentioned in her examination form by the girl. It is common knowledge that the parents or the students themselves refer the reduced age in the High School examination form generally, to have verification of this fact the scholar register of the school from where she failed in the High School examination, the mischief of the petitioner ought to have been decerned by the Courts below in the circumstances credence should have been given to the school leaving certificate of the Prathmik Vidhyalaya referred to above. Both the Courts below did not apply themselves to these certificates the age given in the transfer certificate of Kanya Prathmik Vidhyalaya Jabhuaon is 7 -3 -1987 and the date mentioned in the High School certificate is 7 -3 -1988. From the earlier date of birth disclosed in the Prathmik Vidhyalaya at the time of her admission presumably was a declaration by the father. It is supported by the oral evidence of the Girl made to the Court of the Magistrate. She has disclosed her age to be 19 years. The medical evidence also corroborates her oral evidence instead of accepting it the Courts below chose to act upon the High School certificate.