Libertatem Magazine

Delhi High Court Orders the Release of a Married Woman From Children’s Home

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A Writ of Habeas Corpus had been filed by Mr. Avinash Sarvan in the High Court of Delhi. The Petition sought a direction to release the wife of the Petitioner who is illegally detained in the Children’s Home.

Facts of the Case:

The Petitioner herein Mr. Avinash Sarvan was a 25-year-old man. He had married a girl named Monica on December 18, 2020. After which the father of the girl lodged an FIR under section 363 of IPC at Wazirabad Police Station on December 20. He alleged that her daughter was missing and was a minor. Under the complaint, the police traced the girl on December 25 and produced her before the Child Welfare Committee (CWC). She was then ordered to be placed at Rose Udaan Rose Children’s Home for Girls, Delhi. Due to which the Petitioner moved to the High Court of Delhi and sought a direction to release his wife.

Submissions before the Court:

The Petitioner had submitted the birth certificate of his wife which stipulated that her date of birth was June 17, 2002. The Petitioner further produced the Marriage Certificate from the Arya Samaj Marriage Mandal Trust which indicated that they were married on December 18, 2020. He also submitted photographs of their marriage.

On the other hand, a status report revealed that at the time of admission to the school, the girl’s father had described her date of birth as 21.02.2004. It contradicted the date of birth as recorded in the Municipal Corporation records, which was 17.06.2002. The victim was also produced before the Court via videoconferencing in which she confirmed that her date of birth was indeed 17.06.2002. She also stated that she had married the Petitioner out of her own free will and desired to stay with her husband only. 

Court’s Order:

A Vacation Bench comprising Justice Anup Jairam Bhambani and Justice Manoj Kumar Ohri ordered the release of women from the Children’s Home. The Court then orally asked the Delhi Police to take care of the couple’s lives.

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