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She Can Live As Per Her Wish: SC Directs Release Of Teenager Housed In Nari Niketan Against Her Wishes [Read Order]

LIVELAW NEWS NETWORK
5 Aug 2019 3:58 AM GMT
She Can Live As Per Her Wish: SC Directs Release Of Teenager Housed In Nari Niketan Against Her Wishes [Read Order]
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The Supreme Court has directed Nari Niketan in Bareilly, Uttar Pradesh to release a girl detained there against her wishes.

A man claiming to be her husband had approached the Allahabad High Court by filing a habeas corpus petition contending that his wife, who is an adult, has been detained in Nari Niketan against her wishes. He produced a medical certificate to prove that she is an adult.

However, the bench noted that, according to High School Certificate, the date of birth was 4.4.2002 and from the High School Certificate she is aged about 17 years. The court further opined that the age of the juvenile has to be determined according to the provision of Juvenile Justice (Care and Protection of Children), Act 2015. Under Section 94 of the aforesaid Act, the High School Certificate has to be given priority. For this reason, the bench dismissed the petition.

In appeal, the Apex Court bench comprising Justice Mohan M. Shantanagoudar and Justice Sanjiv Khanna observed:

"Having regard to the medical report and other material placed on the record we deem it appropriate to direct the authorities of the Nari Niketan i.e. Nari Niketan, Bareilly (U.P.) to release Smt. Himani. It is open for Smt. Himani to live as per her wish. "  

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