JUDGMENT
R.C. Deepak, J.
1. The present petition relates to the custody of a girl named Pratima. She is detained in Nidhariya Kalan Balika Niketan, Ballia for the past one year and about 7 months on the ground that she is below 18 years of age. She disagreed to go with her father and expressed desire to accompany Amarjeet respondent No. 3 to whom she appeared to have entered into a marital tie.
2. I have heard Sri Kameshwar Singh, learned counsel for the petitioner, Sri V.P. Tiwari, learned counsel for the respondent Nos. 2 and 3, learned Addl. Government Advocate for the State and perused the record.
3. There is controversy to the date of birth and the age of the abovenamed victim Pratima, She appeared to have studied upto High School. There are two school leaving certificates of the victim. One is the High School certificate showing her date of birth 7.3.1988. There is the other school leaving certificate of Kanya Prathmik Vidhyalaya Jabhuaon, District Ballia where she was educated upto Vth standard till 30.5.1998 wherein her date of birth is shown 7.3.1987 (Annexure-2 to the supplementary counter affidavit).
4. The High School certificate, a matter of fact, is based on the date of birth mentioned in her examination form by the girl. It is common knowledge that the parents or the students themselves refer the reduced age in the high school examination examination form generally, to have verification of this fact the scholar if the school from where she failed in the high school examination, the mischief of the petitioner ought to have been decerned by the courts below in the circumatances credence should have been given to the school leaving Certificate of the Prathmik Vidhyalaya referred to above. Both the courts below did not apply themselves to these certificates the age given in the transfer certificate of Kanya Prathmik Vidhyalaya Jabhuaon is 7.3.1987 and the date mentioned in the high school certificate is 7.3.1988. from the earlier date of birth disclosed in the Prathmik Vidhyalaya at the time of her admission presumably was a declaration by the father. It is supported by the oral evidence of the Girl made to the court of the Magistrate. She has disclosed her age to be 19 years. The medical evidence also corroborates her oral evidence instead of accepting it the courts below chose to act upon the high school certificate.
5. I have summoned and perused the original scholar register of the Uchchatar Madhyamik Vidhyalaya Khandawa, Ballia from where she appeared in the high school examination, the date of birth is the same in it as was referred to school leaving certificate of Kanya Prathmik Vidhyalaya Jabhuaon, District Ballia i.e. 7.3.1987. In the circumstances when she eloped with the boy named Amarjeet on 10.11.2003 now the husband was above 16 years and now more than 18 years. In the lower court also she gave the same statement when she was produced there on 9.1.2004. A girl under the law below 16 years also marry with the consent of the father and the permission of the authority concerned. As per the custom of the community the community which the girl belongs the marriage is generally performed at the age when she eloped. Both the girl and boy belong to the same community, hence it would be desirable in the facts and circumstances that the order dated 13.1.2004 and confirmed by the revisional court be set-aside. It is accordingly set-aside.
6. The Superintendent of Nari Niketan Nidhariya Kalan, Ballia is directed to release Pratima D/o Suresh Prasad, R/o village Timai Khijirpur forthwith and she is at liberty to accompany Amarjeet respondent No. 3. The Superintendent of Police, District Ballia shall provide proper protection to Pratima in going to Amarjeet The petitioner Suresh Prasad shall not interfere in the peaceful living of her doughter Pratima in any manner whatsoever.
7. With these observations, the petition is accordingly disposed of.