Madhya Pradesh High Court
Vajira Shah vs The State Of Madhya Pradesh on 10 September, 2020
Author: Sheel Nagu
Bench: Sheel Nagu
1 WP.12649.2020
The High Court of Madhya Pradesh
WP.12649.2020
[Vajira Shah Vs. State of M.P. and others]
Gwalior dated 10.09.2020
Shri A.S. Bhadoriya, learned counsel for the petitioner.
Shri Abhishek Mishra, learned Panel Lawyer for respondent/State.
Shri R.K. Joshi, learned counsel for respondent No.4. Learned counsel for the rival parties are heard through video conferencing.
This petition has been filed u/Art.226 of the Constitution seeking issuance of writ of habeas corpus by the father of corpus who according to the High School mark-sheet (Date of Birth being 10.11.2003) is aged between 16 to 17 years.
Corpus who has been heard in person through video conferencing being produced by Shri Vijay Pratap Singh Sengar, Head Constable, PS Bahodapur, District Gwalior and Ms. Meenu Giri, Constable, Home Guards in the office of Additional Advocate General, reveals that she was born sometime in 1999 and therefore is major. Corpus further reveals that she got married to respondent No.4 on 05.09.2019 against the wishes of her parents. She further reveals that on account of her marriage which subsequently led to girl having been born out of the wedlock, the parents are now livid. The corpus further reveals that she does not wish to go and 2 WP.12649.2020 reside with her parents and wants to reside with her husband-respondent No.4.
Considering the marked variance between the recorded date of birth and the date of year disclosed by the corpus herself, it would be appropriate to subject the corpus to ossification/radiological test to ascertain her appropriate biological age.
State counsel Shri Mishra is therefore directed to ensure conduction of said test and submit report.
Till the next date of hearing, the corpus alongwith her infant daughter be lodged at Nari-Niketan, Gwalior.
List on 16.09.2020.
(Sheel Nagu) Judge pd Digitally signed by PAWAN PAWAN DHARKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF DHARK MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=345b3604d572ed9dd AR 1492fe82dc3b1eef67eff2cb59f 3ac97e920ac264de7828, cn=PAWAN DHARKAR Date: 2020.09.11 14:55:54 +05'30'