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SANJAY & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Sanjay & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 12841 of 2006 [2006] RD-AH 20252 (29 November 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Crl. Misc. Writ Petition No. 12841 of 2006

Hon'ble Sushil Harkauli J.

Hon'ble Pankaj Mithal, J.

According to the First Information Report, the girl is aged 16 years. The petitioners have filed an affidavit of the girl in which her marksheet has been attached mentioning her date of birth as 19.10.1990, which corroborates the age of 16 years. The A.G.A., has also filed a counter affidavit saying that the girl is 16 years old. Law does not permit to recognize such marriage with a girl, who is below the age of majority.    

Learned counsel for the petitioners contend that the girl should be got medically examined because she looks to be of the age of majority. Medical evidence apart from being merely an approximation is required when there is a genuine plausible dispute about the age of the girl. When everybody is saying that the age of the girl is 16 years, there is no question of any medical examination.

The writ petition is without merit and is accordingly dismissed.

Dated : November 29,  2006

AM/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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