Writ Petition No. 1135 of 2021 · Bombay High Court
Case Details
1 pro 901 wp 1135-21 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1135 OF 2021 Janardan Sampat Jadhav Age : 40 years, occ : agri., R/o Telapur, Taluka Rahuri, District Ahmednagar. versus 1. 2. The State of Maharashtra The Police Inspector, Sonai Police Station, District Ahmednagar. Petitioner Respondents
Legal Reasoning
..… Advocate for the Petitioner : Mr. A C Arora APP for the Respondents-State : Mr. M. M. Nerlikar …. CORAM : V. K. JADHAV AND SANDIPKUMAR C. MORE, JJ. DATED : 25th JANUARY, 2022. .... ORAL JUDGMENT ( Per V.K. Jadhav, J.) : 1. Rule. Rule made returnable forthwith. Heard fnally with consent of the parties at admission stage. 2. The missing girl Vrushali is now produced before us at 2.30 p.m. Learned APP has submitted the report of API Mr. Sachin Bagul, Sonai Police Station. We have carefully gone through the report. 2 pro 901 wp 1135-21 3. The API of Police Station, Sonai has recorded the statement of Vrushali Janardhan Jadhav. The missing girl Vrushali Jadhav has stated before him that she has performed marriage with friend Ashok Ramesh Nagare voluntarily and they were residing together as a husband and wife. On 22/01/2022, when they came to know that the maternal brother of Ashok namely Atul Namdeo Ghuge is called by the police for enquiry and there is likely-hood of his arrest, on their own they have surrendered themselves to Police Station Sonai. 4. We have interacted with Vrushali Jadhav in the open court in presence of her mother, paternal uncle and the counsel appearing for the petitioner and learned APP. She has stated that her age is 17 years and 10 months. She has not attained the age of majority. She has also informed us that she has got married with said Ashok Rameh Nagare on 17/08/2021 in one temple of god Hanuman near Ahmednagar and thereafter they went to various places. She has also informed to us that she do not want to go with her mother and paternal uncle. Learned counsel for the petitioner / father has informed to us that recently the father met with an accident and he is hospitalized and in view of the same, he is not in a position to attend the court. However, mother of Vrushali Jadhav namely Minaxi Jadhav and paternal 3 pro 901 wp 1135-21 uncle - Shridhar Jadhav are present before the court. She, however, has not given the reason for the same. 5. Learned APP, on instruction from the API Sachin Bagul of Sonai Police Station has informed to us that the investigating ofcer on making some confdential enquiry, apprehends danger to the life of Vrushali Jadhav at her parents house. Learned APP submits that Vrushali Jadhav and said Ashok Ramesh Nagare are from diferent castes. 6. Learned counsel for the petitioner in the open court in our presence, has asked the mother as to whether they are ready to give consent to the said marriage. However, the mother has responded the said question in the negative. Learned counsel for the petitioner, however, vehemently submitted that in the given set of allegations and circumstances Vrushali Jadhav cannot be sent to Observation Home since the case is not involving any allegations about human trafcking. 7. The missing girl Vrushali Jadhav has informed to us that said Ashok Ramesh Nagare has completed his commerce graduation and he has also taken admission for banking course. 8. Learned counsel for the petitioner has also vehemently submitted that if the girl is sent to "Snehalaya" and not in 4 pro 901 wp 1135-21 Observation Home, then her counseling through a counselor of family court may be directed. Learned counsel submits that the same will help the girl to take appropriate decision after attaining the age of majority. 9. It appear to us that though the girl Vrushali Jadhav has not attained the age of majority, however, she is reluctant to go to parental house. Further more, we respect the confdential enquiry made by API Sachin Bagul, which suggest that there is a danger to the life of girl Vrushali Jadhav if she is given in the custody of her parents. 10. In fact we are also not inclined to send Vrushali Jadhav to the Observation Home. However, considering the fact that she has not attained the age of majority, we are inclined to send her to "Snehalaya", M.I.D.C. Area, Ahmednagar City, Taluka and District : Ahmednagar. 11. So far as the aspect of the counseling of the girl Vrushali Jadhav is concerned, the learned APP has brought to our notice that the girl has attained the age of understanding and she is matured enough to understand the consequences of her act. In the given set of facts, it is not necessary to give counseling to girl Vrushali Jadhav. 5 pro 901 wp 1135-21
Decision
12. We accordingly direct that the girl Vrushali Jadhav be sent to "Snehalaya", M.I.D.C. Area, Ahmednagar City, Taluka and District : Ahmednagar and she be kept there till she attains the age of majority. 13. We further direct that the Superintendent of the "Snehalaya" shall not allow any visitors unless permitted by the Child Welfare Committee, Ahmednagar. 14. We further direct the Child Welfare Committee, Ahmednagar to pass appropriate orders in respect of the visitors only after recording the wish of the girl Vrushali Jadhav. However, even if girl Vrushali Jadhav expresses her wish to meet the said boy i.e. Ashok Ramesh Nagare on his visit to Snehalaya, we direct the Child Welfare Committee, Ahmednagar not to allow such visit till Vrushali Jadhav attains the age of majority. 15. However, there are no such restrictions if the petitioner- father and mother, and except them no one else, want to meet Vrushali Jadhav, it is for the Child Welfare Committee to allow such visit only after recording the wish of the girl Vrushali Jadhav. 6 pro 901 wp 1135-21 16. The rule is made absolute in the above terms. 17. Accordingly the petitions is disposed of. Parties to act upon authenticated copy. (SANDIPKUMAR C. MORE, J.) (V. K. JADHAV, J.) vsm/-