Anjali W/O Satish Satpute v. The State Of Maharashtra And Others

Cri.WP.565.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.565 OF 2022 Anjali w/o. Satish Satpute ..Petitioner Vs.

The State of Maharashtra and ors.

..Respondents ---- Mr.V.V.Kabade, Advocate for petitioner Mr.A.R.Kale, APP for respondent nos.1 and 2 ---- CORAM : R.G.AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATE : JUNE 07, 2023 ORDER :- This is a Habeas Corpus petition preferred by the mother of Shruti for her search and production before the Court. 2.

At the instance of the petitioner, crime has also been registered against one Chaitanya Wani, alleging him to have kidnapped the petitioner's daughter, Shruti.

3.

In execution of the orders passed by this Court, the concerned Police Officer has produced Shruti before the Court. We have inquired with her to find her to have attained the age of majority. She informs us to have married Chaitanya in August, 2022 and is

Cri.WP.565.2022 leading happy married life with him. Admittedly, while she married with him, she was minor. It is not in dispute that now she has attained majority. On our further inquiry, she states to be willing to cohabit with Chaitanya and lead happy married life with him. 4.

Since the petitioner's daughter, Shruti, who is produced before the Court, is major, her freedom cannot be restricted. She is free to lead life as she desires.

5.

The Investigating Officer has also recorded statement of Shruti. The same is placed on record, wherefrom it is evident that she had, on her own, eloped with Chaitanya, married with him and has been living happy married life.

6.

In this factual backdrop, Shruti cannot be placed into the custody of her mother (petitioner). We leave her to her discretion. 7.

In view of the above, the petition stands disposed of. [SANJAY A. DESHMUKH, J.] [R.G. AVACHAT, J.] KBP