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Delhi High Court directs release of adult woman lodged in children’s home upon her father’s complaint she’s a minor

The Delhi High Court has directed the release of a married adult woman, who is lodged in Rose Udaan Care Children’s Home for Girls, Delhi after her father lodged a missing complaint FIR alleging that she was a minor.

The vacation bench of Justice Anup Jairam Bhambani and Justice Manoj Kumar Ohri passed this order while hearing a criminal writ petition filed by Avinash Sarvan, the husband of the woman.

The FIR was lodged December 20, 2020, registered under section 363 IPC at P.S. Wazirabad, District North at the instance of the missing girl’s father, the girl was traced on December 25, 2020.

Her statement was recorded on December 26, 2020 under Section 164 CrPC. It is further recorded in the status report that on December 28, 2020, the girl was produced before the CWC-III, Kingsway Camp, Delhi, and after counselling, the CWC directed her age-related documents be verified and that she be kept in the Rose Udan Trust Home, Kamla Nagar, Delhi.

The petitioner, who claims to have married the girl, had filed along with the petition, copies of proofs of identity and dates of birth of both parties, by way of photocopies of their respective birth certificates, Aadhar cards, as also a copy of the marriage certificate dated December 18, 2020 issued by the Arya Samaj Marriage Mandal Trust, Khirki Village, Malviya Nagar, New Delhi and certain photographs of their marriage.

The status report records that the birth certificate of the girl has been verified and has been found to be authentic; and her date of birth is June 17, 2002, which would make her a major as on December 18, 2020, the date of marriage as per the Arya Samaj Marriage Mandal Trust certificate.

The status report further says that on the other hand, at the time of her admission in school, the girl’s father had filed an affidavit disclosing her date of birth as February 22, 2004, which however is contrary to the date of birth as recorded in the Municipal Corporation records, which is June 17, 2002.

Moreover, Additional Standing Counsel (criminal) Kamna Vohra pointed out that the birth certificate issued by the Sub-Registrar, Births and Deaths of the North Delhi Municipal Corporation discloses that date of registration of the birth as June 24, 2002, which lends credence to the fact that she was born in 2002 and not 2004.

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The petition is disposed of with a direction that Monika, daughter of Suresh, be released forthwith from the Rose Udan Trust Home; and be permitted to leave, if she is so desirous, with the petitioner.

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