The petitioner filed a habeas corpus petition alleging his wife was detained by her father. Upon recording her statement in chamber confirming her willingness to reside with parents, the petitioner withdrew the petition. This Court dismissed the petition as withdrawn.
The petition was dismissed as withdrawn with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
wp 1118-11.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRI. WRIT PETITION NO. 1118 OF 2011
Swapnil Chatursen Daware .. Petitioner
Vs
State of Maharashtra & Ors
.. Respondents
Mr. Satyaprakash Sharma i/b M/s. Global Juris for the Petitioner Mr. D.V. Godbole i/b Mr. K.D. Hadkar for Respondent No. 4 Ms. M.H. Mhatre, APP for the State
CORAM : P.V. HARDAS & M.N. GILANI, JJ.
DATE : 29th APRIL, 2011.
PER COURT:
1. This petition under Article 226 of the Constitution of India for issuance of writ of habeas corpus. According to the petitioner, his wife Farzana is detained against her will by her father - Respondent No. 4 to the petition. Respondent No. 4 has produced the wife of the petitioner Farzana in the Court. With the consent of the learned counsel for the parties, a statement of detenue came to be recorded by us in our chamber in presence of learned counsel for the petitioner, learned APP and learned counsel for respondent no. 4. The detenue in her statement has stated before us that she is not detained against her will by her parents and that she is residing at the house of
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her parents according to her wishes. In the light of this statement, therefore, the petitioner seeks to withdraw this petition. We accordingly dismiss this petition as withdrawn with no order as to costs.
[ M.N. GILANI, J ]
[ P.V. HARDAS, J ]
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2 issues framed by the court
Whether a writ of habeas corpus remains maintainable in light of the detenue's statement that she is not detained against her will.
Whether the petitioner withdraws the petition after recording the detenue's statement.
1 provisions across 1 enactments
Swapnil Chatursen Daware
State of Maharashtra
Farzana (wife of petitioner)
Respondent No. 4 (Petitioner's father-in-law)
P.V. Hardas
M.N. Gilani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
