Decided on August 23,2012

Smt. Salma Khatoon And Another Appellant
State of Uttarakhand and others Respondents


- (1.) THE present Chief Medical Officer, Nainital, is present in Court. He has submitted that he has taken charge of the said Office very recently and has nothing to do with the age certificate in question. We direct the learned Chief Standing Counsel to ensure presence of the Chief Medical Officer, Nainital, who issued the subject certificate, on 27th August, 2012, when the matter shall be listed once again. Petitioner No. 1 was produced in Court from Nari Niketan. She has not filed a rejoinder affidavit to the counter affidavit filed by respondent No. 3. With the counter affidavit, xerox copy of a School Leaving Certificate of petitioner No. 1 has been annexed, wherefrom, it appears that petitioner No. 1 was born on 17th January, 1996. We asked petitioner No. 1 as to in which school she studied, if at all. She submitted that she studied for some time in the school, which has issued the subject certificate. According to the said certificate, petitioner No. 1 is still a minor and she will attain majority only on 17th January, 2014. We asked petitioner No. 1 as to where she wants to stay. She submitted that she wants to stay with petitioner No. 2 as his wife. Having regard to the prima facie finding, based on the said certificate, that petitioner No. 1 is still a minor, we cannot permit petitioner No. 1 to stay, in any capacity, with petitioner No. 2, who has got no blood relationship with her. We, accordingly, direct petitioner No. 1 to remain in Nari Niketan until 16th January, 2014. The matter shall be listed on 17th January, 2014 for the purpose of issuing further directions in relation to petitioner No. 1. It is made clear that it shall be open to petitioner No. 1 to apply to this Court on the present writ petition for any other direction.
(2.) HAVING regard to what has been stated above, we recall the interim order already passed and make it clear that pendency of this writ petition and the orders passed thereon will not stand in the way of investigation into the First Information Report dated 1st August, 2012 lodged with Police Station Kichha. In the meantime, as directed above, the matter shall be listed on 27th August, 2012, when the then Chief Medical Officer, Nainital, shall be present.;

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