SC Quashes Kidnapping Case Against Accused And Allows Girl To Live With Him As AIIMS Report Opined That She Is Major [Read Order]

In view of the conclusion arrived at by the All-India Institute of Medical Sciences, we are of the considered opinion that the petitioner no. 1 is a major, and the high court was not correct in directing her to stay in Nari Niketan, Allahabad, the bench said.

The Supreme Court recently set aside an Allahabad High Court order that refused to allow a girl to stay with her husband, finding that she is a minor as per the CBSE certificate.

While considering the habeas corpus plea filed by the couple, the high court, in a very brief order, had observed that, according to Section 94 of the Juvenile Justice Care and Protection of Children Act, 2015, the date of birth certificate from school or matriculation certificate from the concerned examination board shall be given precedence to the medical opinion as to age.

The high court then upheld the order sending her to Nari Niketan, Allahabad, as she was found minor and had refused to accompany her parents. Against this order of the high court, the couple approached the apex court.

The bench headed by the Chief Justice of India Dipak Misra directed radiological examination of the girl by the All-India Institute of Medical Sciences, New Delhi, and the report opined that her age is between 19 and 24 years.

Considering the report, the bench said: “In view of the conclusion arrived at by the All India Institute of Medical Sciences, we are of the considered opinion that the petitioner no. 1 is a major, and the High Court was not correct in directing her to stay in the Nari Niketan, Allahabad. The petitioner no. 1 admits the factum of marriage, before us. Therefore, she is entitled to accompany the petitioner no. 2, who is her husband.”

The court also quashed the criminal proceedings initiated against the boy under Sections 363 and 366 of the Indian Penal Code.