Bombay High Court
MONALI POPAT DEVKATEversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that the writ of habeas corpus was not appropriate and dismissed the petition.
Summary
The petitioner sought a writ of habeas corpus to have a missing girl, aged 16 years and 8 months, returned to her parents. The girl had gone with an accused, Ganesh Mahadu Rangote, and gave birth to a three‑month‑old daughter. She was rescued and placed under the care of the Child Welfare Committee (CWC) at Shakti Sadan, Deolai. During the hearing, the girl expressed that she did not wish to return to her parents and wanted to continue residing at the CWC shelter. Considering her age, the presence of an infant, and the CWC's protective order, the Court declined to issue the writ and disposed of the petition.
Issues considered
- Whether a writ of habeas corpus should be issued to return a minor girl, who is also a mother, to her parents against her expressed wishes.
- Whether the orders of the Child Welfare Committee under the Child Welfare Act preclude the issuance of a habeas corpus writ in such circumstances.
Subjects
- habeas corpus
- child welfare
- minor
- guardian
- CWC
- protective custody
- family law
Judgment
2026:BHC-AUG:43901-DB
1418.25WP
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 1418 OF 2025
…
MONALI POPAT DEVKATE
VERSUS
THE STATE OF MAHARASHTRA & OTHERS
…
Advocate for the petitioner : Mr.Mohit R. Deshmukh
APP for the respondent-State : Mr.S.J.Salgare
…
CORAM : SANDIPKUMAR C. MORE &
VAISHALI PATIL-JADHAV,JJ.
DATE : 28.09.2026
P.C. :
1] Heard the learned counsel for the petitioner as
well as learned APP. Also perused the police papers.
2] The missing girl is also victim in Crime
No.218/2025 of Vadod Bazar Police Station, Taluka
Phulambri, District Chh. Sambhajinagr. Today, the missing
girl is brought before us by LPC-1565 Mrs. Bharti Revnath
Jadhav and Mr.Pramod M. Kale, Police Sub-Inspector of
Vadod Bazar Police Station, Taluka Phulambri, District Chh.
Sambhajinagar.
1418.25WP
2
3] On going through the police papers as well as
interaction with the missing girl, it appears that the missing
girl was on her own had gone with accused, namely, Ganesh
Mahadu Rangote and she is having one daughter of 3
months from him. It appears that the missing girl is aged
about 16 years and 8 months and residing at Shakti Sadan,
Deolai, Chh. Sambhajinagar under the orders of the
President, Child Welfare Committee, Chh. Sambhajinagar.
4] On interaction, the missing girl stated that she
does not want to go with her parents and will continue to
reside at Shakti Sadan itself. Considering the fact that she is
having 3 months old baby, we are of the opinion that she
may be continued to reside at Shakti Sadan only.
Accordingly, we are not inclined to issue writ of Habeas
Corpus in this matter. Accordingly, Writ Petition stands
disposed of.
[VAISHALI PATIL-JADHAV] [SANDIPKUMAR C.MORE]
JUDGE JUDGE
DDC
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