New Delhi: The Delhi High Court has held that the birth certificate issued by the school has to be given priority while determining the age of a person.
“…this Court is of the opinion that the birth certificate issued by the school has to be given precedence. It is only in the absence of a certificate from school or a matriculation certificate that a birth certificate given by a corporation or a municipal authority can be relied upon,” said a division bench of Justices Manmohan and Naveen Chawla.
“Moreover, in the opinion of this Court, the rule for determination of age of juvenile cannot be different when he/she is a victim than when he/she is an accused. Since in the present case the school certificate shows the date of birth of girl as July 30, 2000, she is a major,” it added.
The court was hearing a habeas corpus petition filed by Asha Rathore seeking a direction to the police to present her daughter.
In the previous hearing, the counsel appearing for Rathore claimed that girl is a minor, and also that the age difference between her two daughters, according to the school certificates, is not even nine months.
When the girl was presented before the court, she stated that she would like to live with her husband and in-laws.
Observing that she is major and free to make her decision, the court allowed the girl to live with her husband and dismissed Rathore’s plea.