ANJUMA KHATUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner Anjuma Khatun seeking issuance of a Writ in the nature of Habeas Corpus and a direction to release her from the illegal custody of her parental house where she was allegedly facing inhuman torture from her parents, brothers, etc.

(2.) Brief facts relevant and essential for disposal of the present petition may be noted herein below. The petitioner herein eloped and contracted the marriage with one Omar Faruque on 5/7/2022. The paternal family members of the girl lodged an FIR against Md. Omar Faruque at the Dhula Police Station and during the course of investigation thereof, the petitioner was traced out and was presented to the Child Welfare Committee (CWC) concerned. When the statement of the girl was recorded by the competent Court during the course of investigation, she made a categorical deposition that her date of birth was 3/7/2004. The corresponding school document, i.e. the Secondary School Certificate, was presented in support of this statement. Md. Omar Faruque was apprehended. Custody of the girl was thereafter handed over to the parents by the Child Welfare Committee, Darrang. However, she again escaped where after, another FIR No.220/2022 came to be registered at the Dhula Police Station. The girl was again traced out and this time, she was sent to the Child Care Institute, Darrang. However, custody of the girl was again handed over to her parents whereupon, she has preferred the captioned writ petition in this Court seeking a direction to release her from the illegal custody of her parents. It is also alleged by the petitioner that she was being tortured by her father (respondent No.5) and brother (respondent No.4) and apprehended threat to her life and limb, at their hands.

(3.) In support of the claim of majority, the petitioner has placed reliance on a certificate dtd. 30/7/2021 (Annexure-1) issued by the Board of Secondary Education, Assam, wherein her date of birth is recorded as 3/7/2004. Copy of the marriage certificate dtd. 5/7/2022 is filed as Annexure-2 to the writ petition wherein also, the date of birth of the petitioner is mentioned as 3/7/2004.