1 Cr.W.P. 673/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Amk CRIMINAL WRIT PETITION NO. 673 OF 2010 Shankar Krishna Chand .. Petitioner Vs. The Sr. Inspector of Police, Bhandup Police Station, Mumbai. .. Respondent Mr. D. S. Mhaispurkar for the Petitioner. Mrs. S. D. Shinde APP for the State CORAM : MR. B. H. MARLAPALLE & MRS. ROSHAN DALVI, JJ. DATE : 14th July, 2010. P.C. 1. This Petition filed under Article 226 of the Constitution of India for the writ of Hebeaus Corpus, seeking the custody of Moni, daughter of Dinesh Mishra. As per the Petitioner his marriage with Moni was performed on 20.08.2009 and it was against the wishes of her parents. He further alleges that Moni was forcibly taken from his residence within the jurisdiction of Kanjurmarg Police Station and thereafter to the Bhandup Police Station on the basis of complaint filed by one of the relations. Moni was then transferred to the Children’s Home run by Respondent No.2 and on 02.12.2009 she was taken to Utttar Pradesh by the Child Welfare Committee. She was examined at Police Hospital, Nagpada, as per the order passed on 1st December, 2009 so as to determine her age and as per the 2 Cr.W.P. 673/10 Medical Report, she was shown to be 21 years of age as on 6th February, 2010. Subsequently, Moni’s parents contacted Respondent No.2 with her school leaving certificate indicating that she was a minor and therefore the committee passed an order directing a home inquiry through Jaunpur Police Station, Uttar Pradesh. Moni was sent to Uttar Pradesh under police escort and thus she landed in the custody of her parents. 2. As per the order passed by this Court on 26th February, 2010, Moni was brought back and produced before us on 02.03.2010. It was noticed that she was in an advanced stage of pregnancy. She delivered baby son on 15th May, 2010. By our order dated 14th June, 2010 we had directed a fresh medical examination by the Medical Board at Sir J.J. Hospital at Mumbai and the report received from the Medical Board shows that Moni, by now is more than 18 years of age but less than 20 years of age. It was, therefore, necessary for us to go with the desire of Moni, so far as her custody is concerned. 3. Moni is present before us along with her infant son and she stated that she wants to join her husband’s company along with the child. As per the learned Counsel for the Petitioner, the Petitioner is employed and has his home at Mumbai i.e. Room No.2, Wankhed Chawl, Tulshipada, Lake Road, Bhandup where he has been staying since 1993. He has also shown us the Petitioner’s identity card issued by the Election Commission. Hence we allow Moni to join her husband forthwith along with her son and dispose off the Petition. 3 Cr.W.P. 673/10 4. In case the Bhandup Police Station has recovered some documents from the Petitioner they are directed to hand over the same to the Petitioner. ( ROSHAN DALVI, J.) ( B. H. MARLAPALLE, J. )