Rahul Giridhar Asatkar v. State Of Maharashtra, Thr. Principal Secretary, Dept. Of Home Government, Nagpur And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Writ Petition No. 600 of 2016 [Rahul Giridhar Asatkar Vs. State of Mah. & six others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. A.K. Bhangde and Mr. N.P. Singhania, Advs., for the petitioner. Mr. J. Y. Ghurde, APP for respondent nos. 1 to 5 and 8. Mr. P.S. Wathore, Adv., for respondent nos. 4 to 7. ----

CORAM

:

B. P. DHARMADHIKARI AND A.S. CHANDURKAR, JJ.

DATE :

16th August, 2016 As husband has filed proceedings for habeas corpus seeking production of Mohini, his wife [respondent no.7], we have taken up the matter in chambers at 2.30 p.m.

After initial discussion with respective counsel, we have questioned Mohini alone. She stated that she has studied upto Xth class and thereafter completed Hotel Management Diploma of three years. She has also, in the meanwhile, completed XIth and XIIIth Standards. She stated that she is residing with her parents at Nasik and wants to stay with them. She was asked whether she was under any pressure or then she needed some time to think. She answered both the questions in negative. She reiterated that she does not

want to stay with the petitioner.

Thereafter, she was asked to go out and respective counsel were again invited in chambers. They are acquainted with the development. Adv. Mr. Bhangde informed that before Investigating Officer, Mohini accepted to co-habit with the petitioner. Hence we called the petitioner, Rahul, in the chambers. He stated that he has studied upto Xth Standard and thereafter obtained Hotel Management Diploma of three years.

He was apprised of the situation expressed by the respondent no.2. Then we called respondent no.7 in presence of all. She came alone and she again stated that she does not want to go with the petitioner, and wants to reside with her parents.

In view of this, it is apparent that petitioner has to take such other steps as are open in law. Therefore, without observing anything on merits of the controversy and with liberty to take such steps as are open in law, we dispose of the proceedings for habeas corpus. No costs.

Judge Judge |hedau|

C E R T I F I C A T E original signed Judgment/Order.

Uploaded by : R.B. Hedau, Uploaded on : 18th Aug., 2016 Pvt. Secretary.

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