Poonam Vinayak Tathe vs The State Of Maharashtra And ...
2022 Latest Caselaw 4481 Bom

                                                                      crwp522.22
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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                 929 CRIMINAL WRIT PETITION NO.522 OF 2022


 Poonam Vinayak Tathe
 Age 45 years, Occ. Household
 R/o. Flat No.8, Kohinoor Garden
 Ambedkar Road, Maliwada
 Ahmednagar                                     ...Petitioner

             versus

 1.     The State of Maharashtra
        Through Kotwali Police Station
        District Ahmednagar

 2.     The State of Maharashtra
        Through MIDC Police Station
        Ahmednagar

 3.     Karan Kamlakar Gaikwad
        Age 24 years, Occ. Unknown
        R/o. Pokhardi,
        Taluka and Dist. Ahmednagar

 4.     Kamlakar Gaikwad
        Age adult, Occ. Unknown
        R/o. Pokhardi, Tq. Nagar
        District Ahmednagar                     ...Respondents

                                       .....
 Mr. Pratik P. Kothari, advocate for the petitioner
 Mr. M.M. Nerlikar, A.P.P. for respondent Nos. 1 to 3.
                                      .....

                               CORAM : V. K. JADHAV AND
                                       SANDIPKUMAR. C. MORE, JJ.

DATED : 27th APRIL, 2022

ORAL JUDGMENT (PER V.K. JADHAV, J. ):-

1. Rule. Rule made returnable forthwith. By consent of the

parties, heard finally at admission stage.

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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.

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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.

(SANDIPKUMAR. C. MORE, J.) (V. K. JADHAV, J.)

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