1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1082 OF 2008 DIST.: THANE Mohammad Shamshad Abdul Razzaque Mansoori ... Petitioner Versus Ansar Ahmad Nazeer Ahmad Ansari & Ors. ... Respondents Mr. R.Y. Mirza i/by Mr. S.G. Rajpat for the Petitioner Mr. Ajay S. Patil for Respondent No. 1 Mr. P.S. Hingorani, Additional Public Prosecutor, for Respondents No. 3 and 4. CORAM: B ILAL NAZKI and A.A.KUMBHAKONI,JJ. DATE: JULY 15, 2008 P. C.:- We have recorded the statement of the alleged detenu, who stated that she was 17 years old, she was living with her parents and has come here from the house of her parents, and would like to go back to her parents. She stated that she knew the petitioner, and he forced her into a marriage. 2 2. In this view of the matter, we allow her to go back to her parents. Since she is not eager to join the petitioner, this habeas corpus petition is misconceived and dismissed. 3. As large number of matrimonial matters are being tried to be habeas corpus petitions, we had made it clear to the learned counsel for the petitioner, at the time of issuing notice, that costs shall be imposed, in case the girl makes a statement that she was living with her parents out of her free will. We impose the costs of Rs.5,000/-, to be payable to the Maharashtra State Legal Services Authority within four weeks. 4. It may be mentioned here that we have not gone into the legality of the alleged marriage between the petitioner and the detenu, and any observation of this Court should not be taken as expression of opinion in the matter relating to the alleged marriage between the petitioner and the alleged detenu. BILAL NAZKI, J. 3 A.A. KUMBHAKONI, J.