"No Reason To Detain Adult Girl As She Left With Lover Voluntarily": Bombay HC Warns Father Of Action If He Harms Daughter, Her Lover

The bench of Justice Ravindra V. Ghuge and Justice Bhalchandra U. Debadwar was hearing the plea filed by one C. D. Chavan (father of the girl) claiming that his daughter eloped with the man in December 2020 and had been missing since then.

Girl's submission before the High Court

On 31^st March, the missing girl appeared before the Court on her own and the Court verified her identity and ascertained that she was 18 years and six months old.

Further, she submitted before the Court that she was in love with respondent No.5 (the boy with whom she left her home), who was in April 2000 and that she is presently living with the boy on her own will as both are adults.

She also submitted that the Couple are planning to get married after respondent No.5 attains the marriageable age of 21 years i.e., on 29^th April 2021.

Significantly, she requested the Court not to mention her present place of residence in the order, as she expressed her apprehension that that her father (the petitioner) would track them down and cause physical harm to her, as he is furious because she had eloped with the boy.

She further stated that her father had also assaulted the father of the boy, blaming him for his son having eloped with the daughter of the petitioner.

Further, she also sought protection as she seriously apprehended that the petitioner (her father) would cause physical harm to her as well as the boy and his parents.

On being questioned, she also informed the Court that after she left her home voluntarily with respondent No.5 on 21^st December 2020, till today, she did not suffer any physical harm or physical abuse or tormentation.

Also, she categorically submitted that she didn't wish to meet her father or talk to him and that she should not be forced to meet him or my mother and that she doesn't desire to return to the home of her parents.

Court's order

Having recorded the statement, the Court deemed it appropriate to direct that,

"If the missing girl or respondent No.5 suffer any physical harm and if they allege that the petitioner has caused the said harm, the petitioner (father of the Girl) would then be liable for action, in accordance with the law."

The Court made this observation in view of the offence registered by the father of respondent No.5 in Crime No.3/2021, with the Ambejogai Police Station (Rural), punishable under Sections 365, 342, 343, 324, 323, 506, 143, 147, 148, and 149 of the Indian Penal Code.

The Court also remarked,

"Needless to state we expect the father of respondent No.5, namely, Bhagwan Sonnar, to show restraint and reciprocate by not committing any offence against the petitioner."

Lastly, the Court noted,

"Since the missing girl is an adult and respondent No.5 is also an adult, though not of marriageable age, we have no reason to detain the missing girl, considering the specific replies given by her, as recorded hereinabove."

With the above observations/directions, this petition was disposed of.

Case title - Chandrashekhar Dnyaneshwar Chavan v. The State Of Maharashtra And Others [Criminal Writ Petition No. 165 of 2021]

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