Ossification test conclusive to ascertain age if contrary documents produced: Bombay HC

However, the Court, while dismissing the man's plea, observed that as the girl's father had produced her birth certificate, which proved that she was born in 2004 and the ossification test also suggested that she was 17-18 years of age, she was a minor.

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The Bombay High Court directed the Pune Municipal Corporation (PMC) to make endorsement in the building plans to be sanctioned in the future that the same would be subject to the result of a PIL challenging the amendment in provision for amenity spaces. (File)

The Bombay High Court recently rejected the plea of a man seeking custody of his “wife”, who was detained and later handed over to the Child Welfare Committee (CWC) as her bone ossification test established that she was minor. The petitioner had claimed that he had married the girl based on her birth date in the school leaving certificate, among other documents produced by him, which suggested she was born in 2002.

However, the Court, while dismissing the man’s plea, observed that as the girl’s father had produced her birth certificate, which proved that she was born in 2004 and the ossification test also suggested that she was 17-18 years of age, she was a minor.

A division bench of Justice Prasanna B Varale and Justice Anil S Kilor was hearing a habeas corpus (produce person before court) plea of the man who was employed in Cooper Hospital as ward boy for many years. The girl was working as a Coolie in the same department. The man and the girl became close friends and decided to get married on May 17, last year. The girl’s mother had registered a complaint before Tulinj Police station in Palghar district of kidnapping against the petitioner. The girl’s custody was subsequently taken by the CWC, Palghar. Repeated enquiries by petitioner to CWC did not avail satisfactory responses, prompting him to approach HC with a plea seeking to produce the girl before the court.

Advocates Hare Krishna Mishra and Sanjay Singh argued that the petitioner had got married with the woman who had attained majority and detaining her in CWC custody was “clearly unsustainable and untenable”.

After hearing submissions, the bench held that the girl can be “safely stated to be a minor person” and that it could not accept the petitioner’s submission that her detention by CWC, Palghar was illegal. It noted that though School Leaving Certificate was to be given priority and relied upon for ascertaining the girl’s age over birth certificate, as the ossification test concluded she was minor, “CWC’s report was deemed to be giving true age of the person as per The Juvenile Justice (Case and Protection of Children) Act, 2015. “There cannot be any dispute that a major person is at his will and liberty to marry with a person of his choice, but in the present matter, the girl is proved minor as per respondent CWC’s report. The petition, thus, being devoid of merit, deserves to be dismissed,” it held.

Omkar Gokhale

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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