Rakhi Kumari v. The State Of Bihar & Ors.
Case at a glance
- Bench
- NAVANITI PRASAD SINGH, ASHWANI KUMAR SINGH
Provisions considered
Judgment
For the Petitioner/s : Mr. For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) 2 02-02-2012 By this writ petition of habeas corpus the petitioner has challenged the order of the Additional Chief Judicial Magistrate, Hilsa (Nalanda) by which he has ordered remand of the petitioner in Nari Niketan// Aftercare Home at Gai Ghat, Patna. The petitioner claims to be 18 years old. The case was instituted by her mother alleging that she had been kidnapped for the purposes of marriage. In 2 Patna High Court CR. WJC No.109 of 2012 (2) dt.02-02-2012 course of investigation petitioner was recovered and produced before the Magistrate for recording her statement under section 164 Cr.P.C. In the said statement she stated that she is 18 years of age and out of her own will she had left her home.
She made it clear that she did not want to return to her parents and wanted to go to live with her alleged husband as she had been married in the mean time. The learned Additional Chief Judicial Magistrate got her medically examined and the medical report of the Medical Board is that she is between 15 to 16 years of age. The magistrate has also assessed her age to be 15 years in her statement recorded under section 164 Cr.P.C. She admits herself that she is a student of class VIIth. In that view of the matter the Magistrate ordered that she be detained in the Aftercare Home/Nari Niketan at Ghai Ghat till she attains her majority. This Juvenile order is under challenge. Without going into the issue whether the writ petition is maintainable on the petitioner coming to this Court being a minor, we find that all evidence is clearly pointing to the fact that girl is a minor and that too much below the age of 18 years.
In view of the aforesaid fact the marriage which she 3 Patna High Court CR. WJC No.109 of 2012 (2) dt.02-02-2012 alleges is against the law. This court cannot sanctify the marriage. She being a minor her proper place to live is with her natural guardians. If she is not ready to live with the natural guardians, then she is putting herself in a precarious position of an abandoned juvenile child. Her place to live is rightly the remand home. We thus find no illegality in the order. The writ petition is accordingly dismissed. (Navaniti Prasad Singh, J.) (Ashwani Kumar Singh, J.) M.Rahman/-
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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