ORDER S.K. Mookerji, J.
1. Heard learned counsel for the parties. Counter and rejoinder affidavits have been exchanged.
2. This Habeas Corpus Petition has been filed by Naseem, petitioner No. 2, challenging the detention of his alleged wife Nahid, by the respondents; including her father. In this Habeas Corpus Petition the age of the girl is alleged as 19 years and in support of the age a certificate. Annexure 2 to the affidavit, in support of the application, from the chief Medical Officer, Kanpur Dehat, has been filed. At the top of this medical report, Annexure 2 to the affidavit, the date is endorsed as 23-7-84 but at the bottom the Chief Medical Officer has put the date after the signature as 23-7-87. After giving the reason the Chief Medical Officer has determined the age of Nahid as 19 years. It will be relevant to mention that on this certificate the alleged Nahid has put her thumb impression and not her signature, although, it has come on record that she was studying in Aishe Mary Convent School.
3. In the counter-affidavit filed by her father it has been averred that she is aged about 14 years. The Counter affidavit is also accompanied by a certificate from her school, Annexure CA-2, showing her date of birth as 20-2-1974. This certificate is dated 23-6-1987. The counter-affidavit also states that the marriage of her father himself took place on 4-1-1970 and in support of his marriage CA-1 has been filed. In view of the serious dispute pn the question of age of the girl it is difficult for this Court to issue writ of Habeas Corpus. Writ of Habeas Corpus can be issued in such cases provided the fact of marriage and the fact that detenue is major are established beyond all reasonable doubt to the satisfaction of the Court. In this case I am of the opinion that the age of the girl can be resolved only after recording necessary oral and documentary evidence. This Court, in Habeas Corpus jurisdiction, exercising the power in summary manner, shall be slow in recording the finding on the highly disputed question of age of the girl.
4. In view of, the above facts and circumstances this Habeas Corpus Petition is dismissed with costs on the parties.
5. It is, however, made clear" that any observation made by this Court in this judgment shall not be read in any other proceeding either civil or criminal in between the panties.