2 Aadhaars in one name: Punjab and Haryana High Court seeks details in same-sex marriage case

Saurabh Malik

Chandigarh, January 5

The Punjab and Haryana High Court has directed the Unique Identification Authority of India, among others, to provide details of two Aadhaar cards issued in one name. Justice Sandeep Moudgil also sought details of the basis on which the cards, showing different birth dates, were issued including the supporting material on the basis of which the date was recorded.

In a comprehensive order aimed at unravelling the complexities surrounding a girl’s age in a same-sex marriage case, Justice Moudgil also made it clear that the court would consider the desirability of getting the ossification test conducted to determine the actual age, since three different dates of birth –– including one in school records –– had emerged showing her to be both major and minor.

Justice Moudgil was hearing a habeas corpus petition filed by one of the partners against the State of Haryana and other respondents for the release of the other from her parents’ alleged illegal custody. As the matter came up for resumed hearing, the State counsel in pursuance to an earlier order produced certain documents, including the Aadhaar card of the alleged detainee –– the other partner.

Justice Moudgil observed the case related to the life and liberty of a girl alleged to be a minor by her parents, who were relying on an Aadhaar card disputed by the petitioner. She was, in turn, relying on a different Aadhaar card claiming that the alleged detainee in illegal custody of her parents was actually major.

Describing it as a peculiar case where three different dates of birth had emerged, Justice Moudgil also took note of the State counsel’s submission that the police team faced resistance by villagers as well as her parents and did not allow the detainee to come to the court when the police team visited her native place in Uttar Pradesh in compliance with the court orders.

“It is hereby directed that the Commissioner of Police, Panchkula, shall make necessary arrangements for producing the alleged detainee in the court by following due procedure including of getting necessary permission from the concerned police station at Unnao having the territorial jurisdiction over her native place in Uttar Pradesh, along with her parents, in Court on the next date of hearing,” Justice Moudgil added.

Looking at the financial condition of the alleged detainee’s parents, Justice Moudgil also asked the Secretary, Haryana State Legal Services Authority, to bear the expenses of their travel and necessary stay.