Case Note & Summary
The petitioner, Sindhubai Shankar Bhavar, filed a habeas corpus petition alleging that her daughter Manisha was illegally detained by some persons against her will. The respondents, including the State of Maharashtra, Superintendent of Police, and Police Inspector, filed an affidavit stating that despite best efforts, Manisha's whereabouts could not be traced. The court adjourned to allow further steps. Subsequently, the Assistant Public Prosecutor informed the court that Manisha had been traced and produced. The court recorded Manisha's statement on oath, wherein she stated that she was not detained against her will, that she had married Karan Pawar voluntarily, and that she presently wanted to reside with her parents. Since Manisha was a major (over 18 years) and not illegally detained, the court discharged the habeas corpus notice and disposed of the petition with no order as to costs.
Headnote
A) Habeas Corpus - Illegal Detention - Major - Voluntary Appearance - The petitioner alleged that her major daughter was illegally detained. The daughter appeared in court and stated she was not detained against her will and had married voluntarily. The court discharged the habeas corpus notice as the detention was not illegal. (Paras 2-3)
Issue of Consideration
Whether the daughter of the petitioner was illegally detained by any person against her will.
Final Decision
Notice of habeas corpus discharged. Rule discharged with no orders as to costs.
Law Points
- Habeas corpus
- illegal detention
- major
- voluntary appearance
- discharge of notice
Case Details
2010 LawText (BOM) (01) 144
Criminal Writ Petition No.964 of 2009
P.V. Hardas, Shrihari P. Davare
Mrs. M.D.Thube-Mhase for petitioner, Shri K.J.Ghute Patil, Assistant Public Prosecutor for respondents
Sindhubai w/o Shankar Bhavar
The State of Maharashtra, The Superintendent of Police, Ahmednagar, The Police Inspector, Jamkhed Police Station
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Nature of Litigation
Habeas corpus petition alleging illegal detention of petitioner's daughter.
Remedy Sought
Petitioner sought production of her daughter Manisha and release from alleged illegal detention.
Filing Reason
Petitioner believed her daughter Manisha was detained by some persons against her will.
Previous Decisions
Notice of petition was issued to respondents; respondents filed affidavit stating Manisha's whereabouts could not be traced; court adjourned for additional affidavit.
Issues
Whether Manisha was illegally detained against her will.
Submissions/Arguments
Petitioner alleged illegal detention of her daughter. Respondents initially stated Manisha's whereabouts could not be traced, but later produced her in court. Manisha stated she was not detained against her will and had married voluntarily.
Ratio Decidendi
Since the alleged detenue, a major, appeared voluntarily and stated she was not detained against her will, the habeas corpus notice was discharged.
Judgment Excerpts
Manisha has stated that she has not been detained against her will by one Karan Pawar, to whom she claims to have been married.
In the light of the fact that Manisha is aged over 18 years and has not been detained against her will, the notice of habeas corpus which had been issued stands discharged.
Procedural History
Petition filed alleging illegal detention. Notice issued to respondents. Respondents filed affidavit stating Manisha's whereabouts could not be traced. Court adjourned for additional affidavit. Subsequently, Manisha was produced in court. Court recorded her statement and discharged the notice.
