ROHINI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present petition has been filed for a writ of Habeas Corpus to release the petitioner No. 1 from Rajkiya Balgrih (Balika), Swaroop Nagar, Kanpur Nagar.

(2.) The petitioners claim to be married according to Hindu Rites and Customs and that petitioner No. 2 is the husband of petitioner No. 1.

(3.) It is stated in the writ petition that the date of birth of petitioner No. 1 is 1/1/2005 and in support of the aforesaid averment, a mark-sheet al- legedly issued by Rameshwar Singh, Janta Vidhyalaya, Khama Paraur, Kannauj as well as family register of petitioner No. 1 are annexed with the writ petition. The Aadhaar card of petitioner No. 1 annexed with the writ pe- tition also discloses that the date of birth of petitioner No. 1 is 1/1/2005. The case of the petitioners is that petitioner No. 1 had gone with petitioner No. 2 and married him in 2023 voluntarily and no force or coercion was applied on her. Respondent No. 5, who is the mother of petitioner No. 1 lodged a first in- formation report on 25/1/2024 registering Case Crime No. 15 of 2024 under Ss. 147, 363, 366, 323 and 506 I.P.C. The petitioner No. 1, after being recovered was subsequently handed over to respondent No. 5 but, it is alleged that she was again abducted by petitioner No. 2. It was claimed in the first information report that the date of birth of petitioner No. 1 was 11/5/2008. After recovery, the petitioner No. 1 was medically examined and the medical report opined that the age of petitioner No. 1 was 18 years or above. It is stated by the complainant that petitioner No. 1 had studied in Primary School Sarhati, District Kannauj and it transpires that the age of petitioner No. 1 was recorded in her school records as 11/5/2008.