- (1.) This special appeal has arisen from a judgment and order of the learned Single Judge dated 5 August 2015. The writ petition upon which the order of the learned Single Judge was passed was instituted in the form of a habeas corpus petition, in the name of Km. Naziya Bano, daughter of Jalaluddin (described as the corpus) and by Jalaluddin as the father. In the petition, the plea which was set up was that Naziya Bano was born on 18 March 2000 and appeared at the Class 10 Examination in 2015. In proof of the date of birth, reliance was placed on the High School Certificate and on a registration for Class 9 in 2013-14 by the Madhyamik Shiksha Parishad, Uttar Pradesh, Allahabad. The case which was set up was that in the month of April 2015, the appellant (impleaded as the fourth respondent to the writ petition) took the help of certain other persons from the village and is purported to have married the girl on the basis of a notarial affidavit stating her age as 20 years. A First Information Report was said to be lodged with the Station House Officer who declined to register the FIR. The Senior Superintendent of Police, Varanasi was thereafter moved. On this factual foundation, a writ of habeas corpus was sought.
(2.) When the petition came up for hearing before the learned Single Judge, Naziya Bano was present before the Court and informed the learned Single Judge that she had passed the High School Examination. Before the learned Single Judge, the original High School Examination Certificate cum Marksheet was produced which indicated that the date of birth of Naziya Bano was 18 March, 2000 and that she was a minor. Naziya Bano informed the Court that she had come to the Court with her husband and mother-in-law and declined to go with her parents. She stated that she wished to depart with her husband. The learned Single Judge finding that she is a minor, observed that the Court has no other option but to send her to the Nari Niketan, Varanasi. She was directed to be lodged in the Nari Niketan until she attains the age of majority or till such time that an order is received from a court of competent jurisdiction.
(3.) The appellant who claims to have married Naziya Bano had filed an earlier Civil Misc. Writ Petition in the month of May 2015 seeking a direction to the respondents not to interfere in the 'peaceful married life' of the appellant and Naziya Bano and for a direction to the authorities of police including the SSP and SHO to secure and protect them from the father. The petition initially came up before the learned Single Judge on 14 May 2015 where a direction was issued to the Chief Medical Officer, Allahabad to have Naziya Bano medically examined for a determination of her age. On 15 May 2015, the report of the Chief Medical Officer was placed before the learned Single Judge which indicated that she was about 20 years of age and is a major. The report was taken on the record. It is not in dispute that the father of the girl was not served when the earlier writ petition was heard by the learned Single Judge and eventually the petition was disposed of on 15 May 2015 with a direction that the appellant and Naziya Bano were at liberty to live together and no person shall be permitted to interfere in their peaceful living. Permission was granted to approach the SSP or SP, as the case may be, in the even of any disturbance. The learned Single Judge however did not express any opinion about the validity or genuineness of the marriage certificate. It was clarified that the order would not protect either the appellant or Naziya Bano against any action or proceedings pursuant to an FIR or complaint that may be lodged. The impugned order of the learned Single Judge dated 5 August 2015 was passed in a subsequent petition for habeas corpus filed by the father of Naziya Bano.;