ORDER The petitioner claiming to be an adult has filed this writ petition for her release from Nari Niketan,Gaighat, Patnacity (After Care Home). She alleges that she has married respondent no.6 (Sanjay Yadav) out of her own will and want to live with him. She has stated that she does not want to stay with her parents or grand parents. In these proceedings we had noticed all the parties and they have appeared. 2. Counter affidavit has been filed. It appears that the father of the petitioner, upon death of his first wife when the children were very small, married a second time and stayed in Delhi with his wife where he worked. This girl being young, was left in the village under the care of grand parents to complete her study. It appears that respondent no.6, Sanjay Yadav befriended her and she ran away with him but on the very next day she was recovered by the police. An FIR has been lodged by the grand father in this regard naming respondent no.6 as kidnapper. The police produced her before the magistrate for recording her statement under Section 164 Cr.P.C. wherein she stated that having eloped with respondent no.6, she immediately married him and wants to stay with him. Initially the learned Chief Judicial Magistrate4 released her but then on behalf of grand father, her school records were produced to show that she was born on 3.1.1996 and as such she would be about 15-16 years of age. Upon this, learned Chief Judicial Magistrate recalled the order of her release to the custody of her husband and sent her to Nari Niketan. She was examined by the Medical Board, who has opined her age to be between 17-19 years. In our view, the medical report is an approximate age wherein her date of birth recorded in the school record clearly shows that she is a minor. The Court cannot recognize the marriage of a minor. We talked to the girl, the parents and the boy but immaturity on part the of the girl was writ large. In such a situation, we are of the view that this Court cannot order the release of the girl to the custody of her alleged husband, which marriage cannot be sanctified by the Court. We talked to the girl, the parents and the boy but immaturity on part the of the girl was writ large. In such a situation, we are of the view that this Court cannot order the release of the girl to the custody of her alleged husband, which marriage cannot be sanctified by the Court. If she desires to go back to her parents and live with them, she can be released but so long she continues to be a minor, she would have to stay as child needing protection and care at Nari Niketan. 3. The writ petition is thus disposed of in those terms. Let it be noted that the proceedings were carried out in camera in chambers. ?