Delhi High Court Orders Release Of Adult Woman Married Of Her Own Free Will From Children Welfare Home

BACKGROUND

The father of the woman had filed a FIR under Sec. 363 of IPC at Wazirabad Police Station alleging that she was a minor. Pursuant to the complaint, she was produced before the Child Welfare Committee (CWC) and was ordered to be placed in Rose Udaan Care Children's Home for Girls, Delhi.

Another vacation bench comprising of Justice Vibhu Bakhru and Justice Prateek Jalan had heard the matter on Thrusday wherein the victim's statement was recorded under Sec. 164 CrPC and she affirmed that her date of birth is 17.06.2002 therefore, she qualifies of being a major. To this, the petitioner had annexed a copy of her birth certificate and had also produced the marriage certificate granted by the Arya Samaj Madal showing that the couple was married on 18.12.2020.

The bench therefore directed the police authorities to immediately verify the genuineness of the documents so annexed and produce the victim before the vacation bench sitting on 01.01.2021.

OBSERVATION OF THE BENCH

In pursuant of the hearing, the Bench took note of the status report filed by the learned ASG of the State which stated that the girl was produced before the CWC and after counselling it was directed by the CWC that her details must be verified and she must be kept in the Children Welfare Home till the time the verification is being done. The status report had also stated that at the time of her admission in school, her father had described her date of birth to be 21.02.2004 which is contrary to the date mentioned in the Municipal Corporation records i.e. 17.06.2002. furthermore, the birth certificate issued by the Sub Registrar, Births and Deaths of NDMC had disclosed that the date of her birth is 24.06.2002 which shows that she was born in 2002 and not in 2004.

The victim was produced before the bench via videoconferencing and in an interaction had confirmed that her date of birth was indeed 17.06.2002. She had also stated that she married the petitioner of her own free will and wanted to stay with her husband.

To this, the court observed that "What is evident from the record is that as on 18.12.2020 the girl was 'major'. Although the marriage certificate issued by the Arya Samaj Marriage Mandal Trust has not yet been verified, this court is of the view that since the girl is major, there is no warrant for keeping her in the Rose Udan Trust Home any longer."

The bench while disposing of the petition issued directions that the victim must be released forthwith from the Udan Trust Home and she must be permitted to leave with the petitioner if she desires.

Case Name: Avinash Sarvan v. Govt of NCT of Delhi & Ors. W.P. (Crl.) 2216/2020

Order dated: 01.01.2021