On Friday, the High Court of Delhi directed forthwith release of a woman from children's home noting that she was a major & married a man with her free will. The Police had lodged her in children's home after her father in a missing complaint had alleged that she was a minor which was proved wrong.
A vacation bench of Justice Anup Jairam Bhambhani & Justice Manoj Kumar Ohri also said, if the woman desires, she be sent with her husband, who approached the Court with a habeas corpus petition seeking his 18-year-old wife's release. A habeas corpus plea is filed seeking direction to produce a person who is missing or illegally detained.
The woman, who was produced before the bench in the hearing conducted through video conferencing, told the Judges that she was born in June 2002 & not Feb 2004 as stated by her father & she had gone with the man & married him on Dec 18, 2020, with her own free will & volition. After interacting with the woman & perusing the documents verified by the investigating officer of the case, the bench said, What is evident is that as on Dec 18, 2020, the girl was a major'. The marriage certificate has not been verified. This court is of the view that since the girl is a major, there is no reason for keeping her at Udaan Rose Children Home for Girls any longer.
The HC noted the woman's submission that she wanted to live with her 25-year-old husband. In these circumstances, the petition is disposed of with a direction that the girl be released forthwith from Udaan Rose Children Home for Girls, Kamla Nagar, & be sent with the petitioner (husband), if she so desires, the bench stated. In view of the father's statement, an abduction case was lodged at Police Station Wazirabad & the woman was traced on Dec 25 & produced before the Child Welfare Committee (CWC). Thereafter, she was sent to the children's home & her statement was recorded in which she affirmed that her date of birth was June 17, 2002, & that she was not a minor, the police status report said, adding that the Police have also verified the birth certificate.