Petitioner sought production of her daughter detained without will. Court noted daughter's marriage was consensual though parents objected. Dismissed petition citing consent.
Petition dismissed; daughter to be produced only if identified.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
CRIMINAL WRIT PETITION NO.911 OF 2008
Mrs.Lata Popat Hire : Petitioner
V/s.
The State of Maharashtra & Ors. : Respondents
None present for the petitioner.
Mr.A.S.Gadkari, Addl. Public Prosecutor for the State.
CORAM : BILAL NAZKI & A.A.KUMBHAKONI,JJ.
DATE : JULY 08, 2008.
P.C.
1. This petition has been filed by the mother of the
alleged detenu, viz., Ujwala Rahul Khaire, for her
production as, according to her, she was taken into
custody by the respondent no.2 against her will. The
alleged detenu was produced before this Court yesterday
i.e. on 7.7.2008, but nobody appeared for the petitioner.
Therefore, the police were asked to produce her again
today because the alleged detenu could be identified by
the counsel. Today also nobody appears for the
petitioner. She has been identified by Tanaji Sahadeo
Khade, Police Sub-Inspector, Malwani police station, who
has accompanied her to this Court. She appears to be 20
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years old. She states that she has married the respondent
no.2 out of her own free will. She further states that
her parents are not happy with the marriage because she
married without their consent.
2. In view of the aforesaid reasons, we dismiss this
petition.
BILAL NAZKI, J.
A.A.KUMBHAKONI, J.
Mrs. Lata Popat Hire
The State of Maharashtra & Ors.
BILAL NAZKI
A.A. KUMBHAKONI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court