In a significant judgment that reaffirmed personal liberty and the right to choose one’s partner, the Allahabad High Court on Monday ordered the immediate release of 19-year-old Neha from a government child home in Noida. The Court held that she was a major, based on medical evidence, and therefore free to live wherever and with whomever she wished.
The Division Bench of Justice J.J. Munir and Justice Sanjiv Kumar was hearing a habeas corpus petition (No. 880 of 2025) filed by Neha and her husband, Gurjit Pratap Singh, challenging her detention under orders of the Child Welfare Committee.
Background
Neha had been taken into custody and kept at the Government Child Home (Girls), Noida, after local authorities suspected she was a minor. Her marriage to Gurjit Pratap Singh reportedly faced opposition from her family, leading to police intervention and her subsequent confinement.
The case took a curious turn when discrepancies appeared in her school records. The Headmistress of Primary School, Sirsakhas, produced the admission register showing Neha’s date of birth as 3 December 2008, while another record from the junior high school listed it as 3 December 2009.
When questioned, the Headmistress candidly admitted that both entries were made solely on the basis of what Neha’s mother had told her - there was no birth certificate, municipal record, or hospital document verifying the date.
"The Court noted that such records were nothing but word-of-mouth entries," a lawyer present remarked outside the courtroom, summarising the Bench’s skepticism.
Court's Observations
The judges were clearly unconvinced by the inconsistent school records. They directed a medical ossification test to determine Neha’s actual age. The Chief Medical Officer, Firozabad, submitted a report dated 18 October 2025, prepared by a board of doctors - including a radiologist, dental surgeon, and orthopaedic specialist - all of whom estimated her age to be around 19 years.
The Court clarified that medical tests often allow a variation of two years on either side, and the benefit of doubt must be given in favour of the individual.
The Bench observed,
"Based on the medical report, we hold the detenue to be a major, aged about 19 years. Once she is a major, there is no warrant to detain her in any kind of custody."
During her appearance in court, Neha, carrying her infant child in her lap, spoke clearly about her decision to stay with her husband. Her brief but firm responses convinced the judges that she was acting of her own free will.
In a conversational tone, Justice Munir asked her whom she wanted to live with, to which she replied softly, "With my husband." The exchange, simple yet powerful, sealed the issue for the Bench.
Decision
Holding that Neha’s detention was illegal, the Court allowed the habeas corpus petition and made the rule absolute. It declared the Child Welfare Committee’s order invalid and directed that Neha be set at liberty forthwith.
"She is free to go wherever she likes and live with whomever she wishes, including her husband, Gurjit Pratap Singh," the Bench ordered.
The Court also discharged the police officials who had escorted her and instructed that all relevant communications be sent to the Superintendent of Police, Firozabad and the Superintendent of the Government Child Home, Noida, through the respective Chief Judicial Magistrates.
The ruling stands as yet another reminder that when questions of personal choice meet bureaucratic suspicion, the judiciary still remains the final guardian of freedom.
Case Title: Smt. Neha and Another vs. State of Uttar Pradesh and 4 Others
Case Number: Habeas Corpus Writ Petition No. 880 of 2025
Counsel for Petitioners: Rajesh Singh, Sanjeev Kumar Singh
Counsel for Respondents: Ms. Divya Ojha (Additional Government Advocate-I), Mr. Suresh Kumar Maurya (for Basic Shiksha Adhikari)
