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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.S. SHINDE, MANISH PITALE, JJ.
Shaikh Mohd. Abid Ayyub – Petitioner
Versus
The State of Maharashtra and Others – Respondents
Criminal Writ Petition No. 67 of 2021
Decided On : 19-01-2021
Habeas Corpus - Relationship Dispute - The court disposed of the petition for issuance of a writ of habeas corpus as the individual in question, who was allegedly in illegal custody, was produced before the court and confirmed to be a major. The court emphasized the individual's freedom to make her own decisions as an adult.
Fact of the Case:
The petitioner filed a writ petition for the issuance of a writ of habeas corpus, claiming that the individual in question was in illegal custody and detention of her father. The individual confirmed her relationship with the petitioner and expressed her intention to marry him.
Finding of the Court:
The court found that the individual in question was a major and had been produced before the court, thereby satisfying the purpose of the petition. The court acknowledged the opposition from the individual's parents regarding her relationship with the petitioner.
Issues: The main issue was the alleged illegal custody and detention of the individual by her father, as claimed by the petitioner.
Ratio Decidendi: The court's decision was based on the fact that the individual was confirmed to be a major and was produced before the court, thereby fulfilling the purpose of the petition. The court emphasized the individual's freedom to make her own decisions as an adult.
Final Decision: The petition was disposed of, and the individual, being a major, was declared free to move as per her own wish. The police officer present in the court was directed to ensure the individual's safe escort to her desired destination.
JUDGMENT :
1. As per order dated 11.01.2021 passed by this court directing the concerned police officer to produce Ms. Kiran Ishwar Panchal before this court, today (19.01.2021) said Ms. Kiran Ishwar Panchal is produced before this court.
2. Writ petition praying for issuance of a writ of habeas corpus has been filed by the petitioner claiming that the said Ms. Kiran Ishwar Panchal is in illegal custody and detention of respondent No. 4, who is the father of said Ms. Kiran Ishwar Panchal.
3. Since the said Ms. Kiran Ishwar Panchal has been produced before this court, we interacted with her. She stated that she has been in a relationship with the petitioner- Shaikh Mohd. Abid Ayyub almost for the past five years. She is a graduate while the petitioner is pursuing his MBA course. She stated that they intend to get married. She further stated that she is aged about 23 years and, therefore, she intends to live her life, as per her wish.
4. The petitioner, who is present in the court, came forward and confirmed that he and the said Ms. Kiran Ishwar Panchal are, indeed, in a relationship for the past five years and they intend to get married. Respondent No. 4 i.e. the father of said Ms. Kiran Ishwar Panchal and his wife are also present in the court. It is not disputed by them that said Ms. Kiran Ishwar Panchal is a major, aged about 23 years.
5. Since said Ms. Kiran Ishwar Panchal has been produced before this court, the purpose of filing this petition has been satisfied. The facts of the present case indicate that the parents of said Ms. Kiran Ishwar Panchal oppose her relationship with the petitioner and it is perhaps, in this background, she was allegedly taken away by them, as alleged by said Ms. Kiran Ishwar Panchal.
6. Be that as it may, we dispose of this petition in view of the fact that said Ms. Kiran Ishwar Panchal has been produced before this court by the police.
7. Since said Ms. Kiran Ishwar Panchal is admittedly a major aged about 23 years old, she is free to move as per her own wish. Nevertheless, as per the request made by said Ms. Kiran Ishwar Panchal, Mr. Sonawane, the API attached to the Naupada Police Station, Thane, who is present in the court, is directed to ensure that said Ms. Kiran Ishwar Panchal is escorted from the court premises to the destination that she desires to go.
8. The petition is disposed of in the aforesaid terms.
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