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Delhi HC directs release of missing woman from children’s home who married with free will

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DELHI HIGH COURT LAW INSIDER IN

DELHI HIGH COURT LAW INSIDER IN

Anushka Mansharamani

On 1st January, the Delhi High Court directed the release of a woman from Udaan Rose Children Home for Girls as the bench observed that she was a major who married a man with her free will.

She was lodged in the children’s house by the police as the father had claimed that she was a minor.

The claim was incorrect and was thereby proved wrong.

Her husband had filed a habeas corpus petition for the release of her 18-year-old wife and the petition sought a direction to produce the person who was missing or illegally detained.

The vacation bench comprising Justice Anup Jairam Bhambhani and Justice Manoj Kumar Ohri stated that the woman can be sent with her husband if she desires.

The woman who appeared before the bench through online video conferencing stated that she was born on 17th June 2002 and not February 2004 as claimed by her father.

She further stated that she married the man on 18th December out of her free will.

As per the documents verified by the investigating officer, the bench observed that she was a major when she got married and thereby directed her release from the Udaan Rose Children Home for Girls as she was proved to be a major.

The High Court took note of the woman’s submission, which mentioned that she wanted to live with her 25-year-old husband at her free will.

The bench stated that “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, and be sent with the petitioner (husband), if she so desires.”

The court also directed the police orally to take care of the couple’s lives and limbs.

The abduction case was filed at the Wazirabad Police Station as per her father’s statement, and the woman was subsequently traced and produced before the CWC on 25th December.

She was then sent to the Children’s home where her statement was recorded and she confirmed her age, date of birth, and her birth certificate was also verified by the police.

A copy of the marriage certificate, birth certificate, and photographs were also placed before the court by her husband as evidence to prove that the woman had got married on 18th December when she was a major and of her own free will.