:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1211 OF 2008 Mr. Shankar Subayya Kallar ..Petitioner Vs. The State of Maharashtra and ors. ..Respondents Mr. Vinod Tayade for petitioner. Mrs. R.M. Gadhvi, APP for State. 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. Heard Mr. Tayade the learned counsel for the petitioner. He has invited our attention to the report issued to him by the Radiologist from Civil Hospital, Thane, which states that Issana with whom the petitioner claims to have married on 6/3/2007. Our attention has also been invited to the affidavit purportedly signed by Issana on 7/3/2007 in which her date of birth is shown as 1/1/1988. These documents have been relied upon to show that on the date of marriage Issana was about 18 years of age and, as of now, she is above 20 years. :2: 2. This being the petition for a writ of habeas corpus on the ground that Issana has been kept in illegal detention/custody by her parents and/or sisters and other family members, we talked to Issana in-camera and she has disputed the factum of marriage. 3. Be that as it may, Issana has clearly told us that she does not desire to and she has no intentions of going and joining the company of the petitioner as his wife. She has further told before us that she is not kept in custody either against her wish or forcibly by any of her family members and presently she is staying with her sister by name Meena Banu. In these circumstances, we cannot entertain this petition for a writ of habeas corpus. 4. The petition is rejected summarily. However, this order is without prejudice to the rights and contentions of the parties regarding the factum of marriage. (J.H. (J.H. (J.H. Bhatia,J.) Bhatia,J.) Bhatia,J.) (B.H. (B.H. (B.H. Marlapalle,J.) Marlapalle,J.) Marlapalle,J.)