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Bombay High CourtWP/1147/2026disposed off

Vishal Arjun Khomane v. The State Of Maharashtra And ORS

2026-03-23Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice Sandesh Dadasaheb Patil3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1147 OF 2026 Vishal Arjun Khomane .... Petitioner versus The State of Maharashtra & Ors.

.... Respondents .......

• Mr. Shantanu Palaskar i/b. Ms. Juhi Kadu, Advocate for Petitioner.

• Ms. Supriya Kak, APP for the State/Respondent. • Petitioner-in-person is present in the Court. • Victim is present in the Court.

CORAM

: SARANG V. KOTWAL & SANDESH D. PATIL, JJ.

DATE : 23rd MARCH, 2026 P.C. :

1.

This is a Petition for writ of habeas corpus preferred by the Petitioner who claims to be the husband of one Nanda. It is the case of the Petitioner that they got married on 22/01/2026. The Petitioner has annexed the photographs of the marriage ceremony and also a certificate signed by the priest. MANUSHREE NESARIKAR by MANUSHREE NESARIKAR Date: 2026.03.24 12:29:34 +0530 2.

It is the case of the Petitioner that in the meantime, Nesarikar

2 / 3 Nanda's brother and father had lodged complaint with Parner police station regarding her missing. According to the Petitioner, he along with Nanda visited Alephata Police Station. She gave her statement on 23/01/2026. It is annexed at Ex.C. In that statement she has stated that she had left her house on her own will and wish to get married with the Petitioner as there was opposition from her parents. It is his case that on 28/01/2026 Nanda's brother entered the Petitioner's matrimonial house on 28/01/2026, assaulted Nanda and took her forcibly with them. The Petitioner sought help from Alephata police station but they did not take any action and therefore he approached this Court. Pursuant to our earlier directions, the police authorities brought the Petitioner's wife Nanda before the Court. We asked her about her wish whether she wants to go back to her parent's house or wants to go and reside with the Petitioner. She submitted that she is an adult and she has completed 18 years of age in March 2025. She specifically told us that she wants to go and stay with the Petitioner.

3.

Considering her request, since she is an adult, she is

3 / 3 free to go and reside with the Petitioner. We direct the officers of the Alephata Police Station, who are also present in the Court, to hand over custody of the said Nanda to the Petitioner. The officers of Alephata Police Station shall ensure that the Petitioner and his wife reach safely to their matrimonial house and they shall also take steps to safeguard their well-being particularly in the background of the opposition and past steps taken by Nanda's brother and father.

4.

With these directions, the Petition is disposed of. (SANDESH D. PATIL, J.) (SARANG V. KOTWAL, J.)