High CourtsDivision Bench(2022) 04 BOM CK 0122

Poonam Vinayak Tathe vs State Of Maharashtra And Others

Bombay High Court · Decided on 27 April 2022

HON’BLE JUDGES
V. K. Jadhav, J · Sandipkumar. C. More, J
RESULT
Disposed Of
CASE NUMBER
929 Criminal Writ Petition No.522 Of 2022

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Judgment

6 paragraphs · 260 words

V.K. Jadhav, J

1.

Rule. Rule made returnable forthwith. By consent of the parties, heard finally at admission stage.

2.

The petitioner mother is present before us in person. We have gone through the statement of girl Rutuja recorded by the police. It appears from her statement that against her will the parents have performed her marriage with a boy viz. Avdhoot Borude, however, girl Rutuja did not like him. In consequence thereof, she left the house on her own and started residing with one of her friends viz. Karan Kamlakar Gaikwad, to whom she loves. In fact, she was intending to marry with said Karan Gaikwad, however, against her will the parents have performed her marriage with said Avdhoot Borude.

3.

We have also interacted with girl Rutuja in the open court. She has stated before us the same fact as recorded in her police statement. Further, said Karan Gaikwad, aged 24 years, is also accompanied her in the court. He is Bachelor of Business Administration. The parents of Karan Gaikwad are also present alongwith him. The said Karan Gaikwad and his family members are ready to accept girl Rutuja.

4.

Apart from this fact, since girl Rutuja is 24 years of age, having qualification of B. Com. we cannot send her to her parent’s home against her will. The girl Rutuja is in a position to take the decision on her own.

5.

In view of above, Rule of habeas corpus stands discharged. Girl Rutuja shall be set at free at once. Writ petition is accordingly disposed of.