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2025 DAILYLAW 26331 (BOM)

SHAIKH MOHAMMAD HARUN MOHAMMAD ISMAIL AND ANOTHER v. THE STATE OF MAHARASHTRA AND OTHERS

WP/1157/2025 · 2025-09-02

Shri Sushil M Ghodeswar, Smt Vibha Kankanwadi

body2025

Judgment text

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- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 9 CRIMINAL WRIT PETITION NO. 1157 OF 2025 SHAIKH MOHAMMAD HARUN MOHAMMAD ISMAIL AND ANOTHER VERSUS THE STATE OF MAHARASHTRA AND OTHERS Mr.T.R.Quadri, Advocate for the petitioner. Mr.G.A.Kulkarni, APP for the Respondent/State. ( CORAM : SMT. VIBHA KANKANWADI AND SUSHIL M. GHODESWAR, JJ. ) DATE : 2 SEPTEMBER 2025 PER COURT : 1. The missing girl is present before this Court. She was produced before us on 25.08.2025 at 2.40 p.m. However, on that day, the matter was not on board and therefore the petitioners and their advocate were absent. Therefore, we kept the matter today. 2. The missing girl had made the submission that her present age is 19 years and 8 months and she had performed Nikah on 18.07.2025 as per her wish. Though the learned Advocate for the petitioners is trying to inform about her fresh wish and the marriage khs/Sept.2025/1157 2025:BHC-AUG:23631-DB - 2 - that was alleged to be forcibly solemnized, here we are taking the note of the fact that the girl is major and we could see that she has not been confined against her wish and therefore no question of issuance of Writ of Habeas Corpus will arise. Since she is major, she is at liberty to go wherever she wants. 3. We dispose of the writ petition. ( SUSHIL M. GHODESWAR, J.) ( SMT. VIBHA KANKANWADI, J.) khs/Sept.2025/1157