Bombay High Court

SUREKHA RANJIT RATHODversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: SANDIPKUMAR C MORE ABASAHEB D SHINDE

Holding

The petition is dismissed as there is no longer any relief to be granted.

Summary

The petitioner, Surekha Ranjit Rathod, filed a criminal writ petition alleging that her daughter had left home because the petitioner wanted to arrange her marriage to another person. The respondent State filed an FIR and charge sheet, and the missing girl was initially placed under the custody of the Child Welfare Committee (CWC). After persuasion by the petitioner, the girl agreed to return and was handed over to her mother on 21‑01‑2026 with the CWC’s intervention. The Court observed that the petitioner now has physical custody of her daughter and therefore there is no longer any relief to be granted. Consequently, the writ petition was disposed of as moot. The decision was delivered by a two‑judge bench of the Bombay High Court, Aurangabad bench.

Issues considered

Whether the writ petition seeking custody of the missing minor remains maintainable after the child has been returned to the petitioner with CWC’s assistance.

Subjects

custody
child welfare
missing minor
writ petition
CWC
juvenile justice

Judgment

                              1                997 wp 25-26

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

               997 CRIMINAL WRIT PETITION NO. 25 OF 2026

                    SUREKHA RANJIT RATHOD
                              VERSUS
           THE STATE OF MAHARASHTRA AND OTHERS
                                  ...
Mr. Patel Fayaz K., Advocate for the Petitioner
Mr. P. K. Lakhotiya, APP for Respondent-State
                                  ….
                       CORAM : SANDIPKUMAR C. MORE AND
                                   ABASAHEB D. SHINDE, JJ.
                       DATED : 28/01/2026
P. C. :

1.           Learned counsel for the petitioner submits that since the
petitioner wanted to marry her daughter to someone else, the
daughter had left the house.
2.           Learned APP submits that an FIR in respect of the present
matter has been registered and the charge sheet has also been
filed. However, initially, the missing girl was not willing to go with
the petitioner, she was kept with the CWC. Subsequently, due to
persuasion by the petitioner, the missing girl agreed to go with her
mother.          Accordingly, the missing girl was handed over to the
custody of the petitioner with the intervention of the CWC
members on 21/01/2026. In view of the fact that the petitioner is
already in custody of her daughter, nothing survives in the present
writ petition and the same stands disposed of.




( ABASAHEB D. SHINDE, J. )             ( SANDIPKUMAR C. MORE, J. )

VS Maind/-

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