Arun Kumar v. State

Delhi High Court · 30 Aug 2011 · 2011:DHC:16964-DB
Badar Durrez Ahmed; J. R. Midha
w.P.(cRL) 634/2011
2011:DHC:16964-DB
family petition_allowed

AI Summary

The court allowed a young woman with disputed age to live with her husband, giving her the benefit of doubt as a major and dismissing the need to return to a shelter home.

Full Text
Translation output
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IN THE HIGH COURT w.P.(cRL) 634/20rr
ARUN KUMAR & ANR
Through:
OF DELHI AT NEW DELHI a, ? ..... Petitioners
Mr S.D. Kaushik
VERSUS
STATE & ORS ..... Respondents
Through: Mr Dayan Krishnan
CORAM:
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE J. R. MIDHA o 30.09.2011
The petitioner No.1 (Arun Kumar) is the husband of petitioner No.2
(Balkha), who is presently lodged at Nirmal Chhaya, Nari Niketan as per directions of Child Welfare Committee. According to Barkha, her age is around
20 years, whereas, according to one school certificate, her age is around 17 % years. We are of the view.that since there is doubt with regard to her age, the benefit can be given to her and she may be treated as being over 18 years old.
Barkha's father is also present in court. He has no objection to the marriage between his daughter Barkha and petitioner No.1 (Arun Kumar). The petitioner
No.l has informed this court that he and his wife (Barkha) would be initially residing away from the village Dariya Pur. This course of action is also a
2011:DHC:16964-DB
I acceptable to the Barkha's father (Kiran Pal), who is also present in court. He is also a resident of village Dariya Pur.
In these circumstances, we do not feel that it would be necessary to direct
Barkha to return to Nari Niketan and, therefore, she may leave with the petitioner No.1 from the court premises itself.
The writ petition stands disposed of accordingly.
Dasti under the signatures of the Court Master.
AUGUST 30, 2011
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BADAR DUBREZ AHMED, J
2011:DHC:16964-DB
JUDGMENT