- (1.) This habeas corpus writ petition has been filed by the petitioners for grant of following reliefs: (i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 18.11.2013. (ii) Issue a writ, order or direction in the nature of Habeas Corpus directing respondents No. 2 to 4 to set at liberty to the corpus petitioner No. 1. (iii) Issue a writ order or direction in the nature of Habeas Corpus directing the respondents to produce Corpus petitioner No. 1 before this Hon'ble Court so that she may be released on her freewill.
(2.) It has been submitted on behalf of the petitioners that petitioner No. 1 is a major and petitioner No. 2 is her husband and the order dated 18.11.2013 passed by the Additional Chief Judicial Magistrate is erroneous and bad in law, inasmuch as he had no jurisdiction to send the petitioner No. 1 to Nari Niketan against her wishes and she be set at liberty to go with the petitioner No. 2.
(3.) While supporting the order of the court, learned AGA has submitted that according to the High School Certificate, the victim is minor and as per the Juvenile Justice (Care and Protection of Children) Act, 2000, the age as mentioned in the High School Certificate shall be preferred over the age as given by the doctor, hence, the impugned order does not suffer from any illegality or irregularity.;