:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1234 OF 2008 Omshankar Saxena ..Petitioner Vs. The State of Maharashtra and ors. ..Respondents Mr. D.S. Kauntae for petitioner. Mrs.S.D. Shinde, APP for State. Mr. Hitesh Vyas for respondent no.10. CORAM: CORAM: CORAM: B.H. MARLAPALLE & B.H. MARLAPALLE & B.H. MARLAPALLE & J.H. J.H. J.H. BHATIA, JJ. BHATIA, JJ. BHATIA, JJ. Date Date Date : July 03, 2008. : July 03, 2008. : July 03, 2008. P.C.: P.C.: P.C.: 1. As per the order passed by us on 19/6/2008, respondent no.10 - Mayuri daughter of Shri Sanjay Sitaram Bodke, whom the petitioner claims to be his wife, is present before us. The petitioner knows that Mayuri’s date of birth is 16/7/1986 and even on the alleged date of marriage i.e. on 10/4/2008, she was a major. 2. We have talked to Mayuri in-camera to assess her desire and also to find out whether she has been illegally detained by her parents or any of her :2: relations, who are impleaded as some of the respondents in this petition. 3. Mayuri has conveyed to us that she is not illegally detained by either her parents or any of her relations, as of now, and she is not interested in joining the company of the petitioner. She also stated that she has already approached the Family Court with a petition to declare the alleged marriage with the petitioner as a nullity. 4. Hence, this petition for a writ of habeas corpus cannot be entertained on these obtaining circumstances. The petition is, therefore, rejected summarily. 5. This order is without prejudice to the rights and contentions of both the parties to present their case before the Family Court. (J.H. (J.H. (J.H. Bhatia,J.) Bhatia,J.) Bhatia,J.) (B.H. (B.H. (B.H. Marlapalle,J.) Marlapalle,J.) Marlapalle,J.)