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Bombay High CourtWP/113/2025dismissed

Mahesh Dadasaheb Pathade v. The State Of Maharashtra And Others

2025-02-11Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

m-2-wp-113-2025 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.113 OF 2025 MAHESH DADASAHEB PATHADE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Mr. Gajanan Nanasaheb Tirthkar A.P.P for Respondent/State : Mr. G. A. Kulkarni CORAM : SMT. VIBHA KANKANWADI AND SANJAY A. DESHMUKH, JJ.

DATED :

11TH FEBRUARY 2025 PER COURT :- 1.

Not on board. Mentioned. Taken on board.

2.

In response to the notice issued by order dated 4th February 2025, the Police have produced the girl before us. We have interacted with her in our chamber at 2:30 p.m.

3.

Learned Advocate for the petitioner and learned A.P.P are present. Upon inquiry, the girl admits that she has performed marriage with the petitioner on 18.12.2024. She states that after the marriage she realise the real fact and therefore left the company of the petitioner and is residing voluntarily as per her own wish with respondent No.5, i.e., her father.

m-2-wp-113-2025 -24.

Taking into consideration the fact that the girl is major i.e., 19 years as on today and states that she is residing with parents as per her own wish, we do not find this to be a fit case where a writ is required to be issued and the order in respect of custody can be passed.

5.

The Petition therefore stands dismissed.

[SANJAY A. DESHMUKH] [SMT. VIBHA KANKANWADI] JUDGE JUDGE Narwade