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High Court of Punjab and HaryanaCRM-M/23877/2014disposed of

Manju Devi And ANR v. State Of Haryana And ORS

2015-03-10Mrs. Justice Manjari Nehru Kaul3 pages

VIJAY ASIJA 2015.03.10 17:49 I attest to the accuracy and authenticity of this document Chandigarh -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:-10.3.2015 Manju Devi and another

...Petitioners

Versus

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE HARI PAL VERMA Present:- Mr. Bhupinder Banga, Advocate for the petitioners.

Mr. P.K. Jangra, Additional A.G., Haryana.

HARI PAL VERMA J.

Vide order dated 2.3.2015, this Court has ordered release of Manju Devi d/o Shri Raj Kumar from the Nari Niketan, Karnal and to produce her before this Court on 10.3.2015.

Pursuant to the said order, Manju Devi is produced before this Court today.

Learned counsel for the petitioners on the strength of School Leaving Certificate Annexure R-2/T dated 27.8.2014 issued by the Government Girls Primary School, Garh Chanderi, Fatehabad, has argued that the date of birth of Manju Devi is 15.9.1996. He further submitted that as per Aadhaar Card, the date of birth of Manju Devi is shown as 15.9.1996. Even ossification test was conducted by Maharaja

-2Agrasen Medical College, Agroha, Hisar and a certificate dated 22.8.2014 has been issued showing the age of Manju Devi between 17 to 20 years. Vide order dated 12.1.2015, this Court has directed the Chief Judicial Magistrate, Fatehabad to record the statement of Manju Devi. Pursuant thereto the Chief Judicial Magistrate, Fatehabad has recorded the statement of Manju Devi on 9.2.2015. In her statement she has shown her desire to stay with Sandeep.

Considering the age of Manju Devi as relied by learned counsel for the petitioners and the documents referred to above as well as her desire to stay with Sandeep, this Court set her at liberty to go with Sandeep to avail his right of life and liberty. Accordingly, without going into the validity of the marriage, the present petition is disposed of and the petitioner Manju Devi is allowed to go with Sandeep, with whom she has shown her desire to stay with. A separate statement has been suffered by Manju Devi in the Court showing her willingness to go with Sandeep Singh i.e. petitioner No.2. Learned State counsel does not oppose her version. The Registry is directed to forward a copy of this order to the Nari Niketan, Karnal for information.

March 10, 2015 ( HARI PAL VERMA ) Vijay Asija JUDGE

-3Criminal Misc. No. M-23877 of 2014 (O & M) Statement of Manju Devi wife of Sandeep Singh, resident of H.No.23, Ward No.9, Sunder Nagar, Fatehabad, District Fatehabad on SA. **** That in view of order dated 02.3.2015 passed by this Court, the Nari Niketan, Karnal has released me and I am present here with police officials. My date of birth is 15.9.1996 and I am major. I can decide about my future and understand my future very well. I wish to go with Sandeep Singh, with whom I have performed marriage. I am making this statement without any pressure and I understand all the contents. RO & AC ( HARI PAL VERMA ) JUDGE March 10, 2015