Atul Raghunath Tiwale v. State Of Maharashtra And ANR
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.980 OF 2024 Atul Raghunath Tiwale ] ..
Petitioner vs.
State of Maharashtra & Anr.
] ..
Respondents Mr.Harshad Sathe a/w Abhayraje Kapase, Shubham Gangan, Siddhesh Bane and Srinivas Yelary for the Petitioner.
Ms.S.S. Kaushik, APP for the State.
Mr.P.R. Moses for Respondent No.2.
Petitioner present in person.
Ms. Ranjana Rawal, mother present.
Mr.Suresh Rawal, uncle present. Sr. PI Kishor Shinde, Karveer Police Station present.
CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ DATED: 21 JUNE, 2024 (In Chamber) P.C:- 1] As directed by the earlier order dated 11.06.2024, Respondent No.2 Priyal Khusbu Atul Tiwale has presented herself before the Court alongwith her mother Ranjana Rawal and upon her Digitally signed by RAJSHREE KISHOR MORE Date:
2024.06.26 14:42:25 +0530 RAJSHREE KISHOR MORE presence, we preferred the matter to be taken in the chamber. The Petitioner Atul Tiwale is also present with the child, who is admittedly born out of the wedlock. It is not in dispute that the marriage was solemnized on 14.12.2022, but the Petitioner is 1/3
constrained to approach this Court, seeking writ in the nature of Habeas Corpus, as she had left the matrimonial house and her whereabouts were not known.
2] In the post lunch session, we interacted with Priyal Khusbu and in presence of her mother as well as the learned APP. After a long discussion, we can see that she suffers from acute depression and she repeatedly continued to state before us that she is not in a position to handle the responsibility of the child and in fact she was not ready to give birth to the child.
She was also made to speak in presence of the Petitioner who denied accusations of ill-treatment and expressed that he is ready and willing to stay with her in a separate residence from his parents, for the sake of 7 months old child, as according to him, the child needs father and mother, both.
3] We could see that Priyal @ Khusbu is presently in anguish, as she allege ill-treatment at the hands of the family members of the Petitioner.
In the aforesaid scenario, she deserve counseling and for that purpose, we deem it appropriate to refer her to the Counselors working in 'Sukoon' which is located in the premises of the Bombay High Court.
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4] The mother of Priyanka inform us that she has to attend medical emergency and that they have no place to reside in Mumbai at present, and that they were residing in Virar at for last 15 days, at the residence of Umashankar Bawal, Yashwant Nagar, Virar, where the family had come after solemnizing a marriage and as the family with whom they were residing, has moved to Rajsthan, hence they will be unable to occupy her house. 5] Advocate Mr. Vikram Singh, who has accompanied the Respondent is also present and he has produced his Identity Card from Bar Council of Rajasthan and the same is taken on record Mr. Singh assured us about presence of the girl alongwith her mother on 02.07.2024 and with an understanding that the girl alongwith persons accompanying her would be required to stay in Mumbai or nearby place for a period of 2-3 days, so that she, alongwith the Petitioner can be counselled properly. Re-notify to 02.07.2024, for further necessary orders. (MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.) 3/3