Mohammad Faizan Mohammad Khalid vs the State of Maharashtra and Others — Bombay HC (2026) — LawSathi Research

Mohammad Faizan Mohammad Khalid vs the State of Maharashtra and Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal Writ Petition No. 1653 of 2025 disposed of as nothing survived, the petitioner's wife (a major) having expressed her wish to reside with the petitioner. Directions issued: (i) petitioner and his wife to be escorted to his house at Hina Nagar, Chhatrapat Sambhajinagar; (ii) authorities of Chikalthana Police Station and Jinsi Police Station to ensure no threats to the couple and monitor for about four weeks. Statement of learned counsel for respondent No.3, on oral instructions, recorded: the wife's vital documents (education documents, laptop, Pan Card, Adhar Card, Passport, Nationality Certificate, Domicile Certificate, original Nikahmama) to be returned to her within three weeks. Pending Criminal Application No. 4652 of 2025 also disposed of in view of disposal of the main Writ Petition.

Issue for consideration

Whether the wife of the petitioner, being a major, is entitled to reside with her husband as per her own will. +1 more

Court's answer

The wife of the petitioner, being a major, is entitled to reside with her husband as per her own will.

Ratio / Principle

Since the wife of the petitioner, on her own wish, is ready to reside with him, nothing survives in the petition and the petition stands disposed of.

Key takeaways

The Court directed that the petitioner and his wife be escorted to his house situated at Hina Nagar, Chhatrapat Sambhajinagar, in view of the fear expressed by them from the wife's parents and relatives.ratio¶¶18
The authorities of Chikalthana Police Station and Jinsi Police Station are directed to ensure that no threats are given to the petitioner and his wife and to monitor the matter for about four weeks.ratio¶¶18

Detailed headnote1 paragraphs

Criminal Writ Petition (Bombay HC, Aurangabad Bench, Coram: Sandipkumar C. More and Abasaheb D. Shinde, JJ.; dated January 19, 2026) filed by Mohammad Faizan Mohammad Khalid against the State of Maharashtra and others, concerning his wife Anam Mohammad Khatik (daughter of respondent No.3). After failed mediation before Smt. Sabahat Kazi, the wife, interacting with the Court in chamber, stated she wished to reside with her husband. Holding that a wife who is a major is entitled to reside with her husband as per her own will, the Court found nothing survived in the petition and disposed of it, directing police escort of the couple to the husband's house at Hina Nagar, Chhatrapat Sambhajinagar, and four-week anti-threat monitoring by Chikalthana and Jinsi Police Stations; respondent No.3's counsel undertook to return the wife's documents (including PAN, Aadhaar, Passport, Domicile Certificate and original Nikahmama) within three weeks. Pending Criminal Application No. 4652 of 2025 stood disposed of.

(1)

Cri.W.P. 1653-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO. 1653 OF 2025

WITH

CRIMINAL APPLICATION 4652 OF 2025

MOHAMMAD FAIZAN MOHAMMAD KHALID VERSUS THE STATE OF MAHARASHTRA AND OTHERS

Advocate for the Petitioner : Mr. Shaikh Shafique A.R. Ahmednagar

A.P.P. for the Respondent/State : Mr. M.A. Aher Advocate for respondent No.3 : Mr. Javeed R. Shaikh along with Adv. Shaikh Ashraf Patel and Adv. Vandana B. Kakde

CORAM : SANDIPKUMAR C. MORE AND ABASAHEB D. SHINDE, JJ.

DATED : JANUARY 19, 2026

ORDER:-

The petitioner as well as respondent No.3 were present before the Court. The wife of the petitioner, who is the daughter of respondent No.3 by name Anam Mohammad Khatik, is also present before the Court. Considering the possibility of settlement, the matter was referred to learned Mediator Smt. Sabahat Kazi. However, today the learned Mediator submitted report mentioning that mediation is failed. The same is taken on record.

On interaction with the wife of the petitioner, namely Anam Mohammad Khati in chamber, she disclosed that she wanted to reside with the petitioner, who is her husband. She is also ready to go with

(2)

Cri.W.P. 1653-25.odt

the petitioner today itself. Under such circumstances, the wife of the petitioner being major, she is entitled to reside with her husband as per her own will. According to her, now she has decided to reside with the petitioner/husband, but her vital documents regarding her education and her laptop and also Pan Card, Adhar Card, Passport, Nationality Certificate, Domicile Certificate, original Nikahmama are with her parents, which she would need in future. The learned counsel appearing for respondent No.3, on oral instructions, made a statement that all the aforesaid documents would be returned back to the wife of the petitioner within three weeks from today.

The petitioner and his wife expressed certain fear from the parents of wife and her relatives. Under such circumstances, we direct that the petitioner and his wife be escorted to his house which is situated at Hina Nagar, Chhatrapat Sambhajinagar. The authorities of Chikalthana Police Station and Jinsi Police Station are directed to ensure that no threats be given to petitioner and his wife and monitor the same for about four weeks from today. Thus, as the wife of the petitioner on her own wish is ready to reside with him, nothing survives in this petition and accordingly the same stands disposed of.

Parties to act on authenticated copy duly certified by the Court Sheristedar.

(3)

Cri.W.P. 1653-25.odt

In view of disposal of main Writ Petition, pending Civil

Application is also disposed of.

( ABASAHEB D. SHINDE ) (SANDIPKUMAR C. MORE) JUDGE JUDGE

YSK/