Smt. Renu and Another vs State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

Smt. Renu and Another vs State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: (i) petitioner no. 1 to appear before the Chief Medical Officer, Bareilly, within three weeks for ossification test, with the report to be produced through the learned Standing Counsel; (ii) liberty to appear before the Police Authority with a conditional direction of no harassment or humiliation by the Police or respondent no. 5 if petitioner no. 1 is a major living with petitioner no. 2 of her own will, and police action on any harassment application to protect life and liberty; (iii) matter to be put up fresh on 17.03.2026, with the ossification test report to be produced on the next date of listing. The petition was not finally disposed of.

Issue for consideration

Whether the writ petition is maintainable in view of the State's contention that petitioner no. 1 is a minor girl. +2 more

Ratio / Principle

The Court directed petitioner no. 1 to appear before the Chief Medical Officer, Bareilly, within three weeks, for conduct of an ossification test to determine her age, the report to be submitted to the Court through the learned Standing Counsel.

Key takeaways

The petitioners may appear before the Police Authority; if petitioner no. 1 is found to be a major girl living with petitioner no. 2 on her own will, they shall not be harassed or humiliated by the Police Authority or respondent no. 5, and any application alleging harassment is to be evaluated by the police, with necessary action to protect the petitioners' life and liberty.ratio¶21

Detailed headnote1 paragraphs

Allahabad High Court (Vivek Kumar Singh, J.), WRIT - C No. 861 of 2026, decided 13 February 2026 (interim order): In a writ petition by a couple seeking protection, the learned Standing Counsel contended the petition was not maintainable since petitioner no. 1 was, per the State's instructions, a minor girl of about 14 years; the petitioners relied on her Adhar Card showing date of birth 01.01.2008 (over 18 years) and stated the marriage was solemnized on 03.01.2026, with no other age proof available for online marriage registration. Noting the age dispute, the Court directed petitioner no. 1 to appear before the Chief Medical Officer, Bareilly, within three weeks for an ossification test, the report to be submitted to the Court through the learned Standing Counsel. The petitioners were left free to appear before the Police Authority; if petitioner no. 1 is found to be a major living with petitioner no. 2 on her own will, the Police Authority and respondent no. 5 shall not harass or humiliate them, and any harassment application is to be evaluated with necessary action to protect the petitioners' life and liberty. Case listed fresh for 17.03.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 861 of 2026

Smt. Renu And Another

.....Petitioner(s)

Versus

State Of U.P. And 4 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Ashish Dwivedi
Counsel for Respondent(s)	: C.S.C.

Court No. - 81

HON'BLE VIVEK KUMAR SINGH, J.

Heard learned counsel for the petitioners and Sri Arvind Kumar Singh, learned Standing Counsel for the State-respondents.

Pursuant to earlier order dated 16.01.2026, learned Standing Counsel has produced instructions which are taken on record.

As per instructions, the petitioner no. 1, is aged about 14 years only. A detailed application was filed by the father of the petitioner no. 1, wherein he stated that his daughter was aged about 14 years and she had left her house on 03.01.2026 at 1:30 pm. Her daughter is an illiterate girl and she had never attended any school. It is also mentioned in the application that the petitioner no. 1 is carrying her Adhar Card.

Learned Standing Counsel, states that since the petitioner no. 1 is a minor girl, therefore, the present writ petition is not maintainable.

On being confronted with above arguments, learned counsel for the petitioners, states that as per Adhar Card of the petitioner no. 1, she is more than 18 years of age since her date of birth in Adhar Card is mentioned as 01.01.2008 and, therefore, they have solemnized their marriage on 03.01.2026. The petitioner no. 1, has no other documentary proof in respect of her age, therefore, they could not apply online for registration of their marriage. It is further submitted that the petitioners could not approach the Police Authority due to fear of the respondent no. 5.

There is a dispute of age of the petitioner no. 1. As per Adhar Card of the

WRIC No. 861 of 2026

2

petitioner no. 1, she is aged about 18 years, but as per instructions produced by learned Standing Counsel, she is aged about 14 years.

In the opinion of this Court, it would be proper to conduct ossification test of the petitioner no. 1, therefore, the petitioner no. 1, is directed to appear before the Chief Medical Officer, Bareilly, within a period of three weeks from today alongwith a copy of this order and the Chief Medical Officer, Bareilly, will conduct ossification test and will submit his report to this Court through learned Standing Counsel, in respect of age of the petitioner no. 1.

The petitioners may also appear before the Police Authority and the police may record the statements of the petitioners and, in case, the petitioner no. 1 is a major girl and she has been living with the petitioner no. 2 on her own will, they will not be harassed and humiliated by the Police Authority or by the respondent no. 5. In case, any application is moved by the petitioners in respect of alleged harassment, the police will evaluate the same and will take necessary action to provide protection of life and liberty of the petitioners.

Put up this case on 17.03.2026, as fresh.

The learned Standing Counsel will produce ossification test report, on the next date of listing.

(Vivek Kumar Singh,J.)

February 13, 2026

A.P. Pandey

Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad