Bombay High Court

SUREKHA SANTOSH BANKAR AND ANOTHERversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The court disposed of the petition, holding that a major adult has the liberty to reside as per her own wish and therefore no habeas corpus relief is available.

Summary

The petitioners, parents of a missing girl, filed a criminal writ petition seeking a writ of habeas corpus to compel respondents 4‑6 to produce their daughter, alleging she was being held in illegal custody. The girl was produced by police and, upon interaction, disclosed that she was born on 10‑06‑2007 and is therefore a 19‑year‑old adult. Initially she claimed she had voluntarily married a man (respondent 4) under Arya Samaj rites, but later recanted, stating she was forcibly taken to Alandi, coerced into signing a marriage register, and that a marriage certificate was fraudulently obtained; an FIR was lodged under Sections 64, 87 and 351(2) of the BNS, 2023. The girl expressed her desire to reside with her parents, but the court noted that as a major she has the legal right to choose her residence. Consequently, the court disposed of the writ petition, holding that no habeas corpus relief could be granted against an adult who is not in illegal detention.

Issues considered

Whether a writ of habeas corpus can be issued to compel the production of a person who is a legal adult and not in illegal custody
Whether the petitioner's claim of forced marriage and alleged illegal detention warrants judicial intervention under the writ jurisdiction

Legislation cited

BNS, 2023 — s. 351(2), 64, 87

Subjects

habeas corpus
major adult liberty
forced marriage
personal liberty
BNS 2023
Section 64
Section 87
Section 351(2)
criminal writ petition

Judgment

2026:BHC-AUG:39466-DB

                                                                          962.26WP

                                                 1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                          45 CRIMINAL WRIT PETITION NO.962 OF 2026

                           SUREKHA SANTOSH BANKAR & ANOTHER
                                               VERSUS
                           THE STATE OF MAHARASHTRA & OTHERS
                                                  ...
                      Advocate for the petitioners : Mr.Vishnu B. Madan-Patil
                           APP for Respondent-State : Mr.G.A.Kulkarni
                                                  …

                                       CORAM :       SANDIPKUMAR C. MORE &
                                                     VAISHALI PATIL-JADHAV,JJ.

                                       DATE     :    31.08.2026
                 P.C. :


                 1]           The petitioners, who are parents of missing girl,

                 are seeking issuance of Writ of Habeas Corpus for directing

                 the respondent nos.2 and 3 to produce their daughter from

                 the illegal custody of respondent nos. 4 to 6.



                 2]           Today, the missing girl is produced by L.P.C.-2302

                 Ms.Padma Devre and Mr.Prashant Pasalkar, Police Sub

                 Inspector, Mukundwadi Police Station, Chh.Sambhajinagar.

                 On interaction with the girl, she disclosed her birth date as

                 10.06.2007 that means as on today she has attained

                 majority and completed the age of 19 years.
                                                           962.26WP

                                2



3]          On going through the record, initially Police

Station Shevgaon, District Ahilyanagar had recorded her

statement on 17.06.2026 wherein she stated that she on her

own had gone with respondent no.4–Datta Dinkar Gaikwad

and performed marriage at Alandi as per Rites of Arya Samaj.

A marriage certificate to that effect is also on record.

However, today the girl stated before us that though she had

gone with the respondent no.4 but in fact respondent no.4

had forcibly taken her to Alandi and obtained her signatures

forcibly on the register in the institution of Arya Seva

Sanstha and prepared the aforesaid marriage certificate. The

concerned    Investigating   Officer   has   also   recorded   her

statement on 30.08.2026 mentioning the aforesaid facts.

Accordingly, the FIR is also lodged against the respondent

no.4 under Section 64, 87 and 351 (2) of the BNS, 2023 vide

Crime No. 476/2026 in Mukundwadi Police Station, Chh.

Sambhajinagar.



4]          Be that as it may, while interacting with the girl,

who is admittedly major, she disclosed that she wants to stay

with the petitioners, who are her parents. As such, when the
                                                          962.26WP

                              3

girl is major, she is having every right to reside as per her

own wish. Thus, since girl being major, she is at liberty to

reside at any place as per her own choice.



5]         Accordingly, the    Criminal      Writ   Petition   is

disposed of.



[VAISHALI PATIL-JADHAV]           [SANDIPKUMAR C.MORE]
        JUDGE                          JUDGE

DDC

Continue reading with your account

Checking your session…