Adult woman voluntarily residing with 20-year-old cannot be detained: Bombay High Court warns father of action if couple harmed

The Bombay High Court recently said that a missing 18-year-old woman cannot be detained after it was found she was voluntarily residing with a 20-year-old man she loved after leaving her parental house (Chandrashekhar D Chavan v. State of Maharashtra)..A Bench of Justices Ravindra V Ghuge and Justice BU Debadwar, therefore, refused to grant relief to the father of the woman who had approached the Court by way of a Habeas Corpus petition. "Since the missing girl is an adult and respondent No.5 (man with whom the woman eloped) is also an adult, though not of a marriageable age, we have no reason to detain the missing girl, considering the specific replies given by her," the Court said. .The father had moved the High Court in February 2021 through advocates MS Karad and SS Thombre contending that his daughter had eloped and seeking.The Court had on March 16, 2021 directed the District Superintendent of police at Beed to look into the matter, monitor the investigation and to produce the missing woman before the Court. .On March 31, 2021 the woman appeared before the Court voluntarily. The Court verified her identity and age and noted that she was 18 years and six months old, an adult individual. .She informed the Court that she is in love with a boy who is 20 years old and they would get married after he attains the marriageable age of 21 years..“Since the missing girl is an adult and the respondent man is also an adult, though not of a marriageable age, we have no reason to detain the missing girl, considering the specific replies given by her,” the Court observed..The father's lawyer requested the Court that the father wanted to meet and speak to his daughter. However the girl expressed her unwillingness to the same. .The girl told the Court that she had left her father’s house voluntarily and had been “happily living” with the boy at a location unknown to both the parents. She further informed that her father had assaulted the boy’s father blaming him for his son’s conduct. .She requested the Court to grant her protection alleging that she seriously apprehends that her father would track her down and cause physical harm to her, the man and his parents. .“We deem it appropriate to note that if the missing woman or the respondent man suffers any physical harm and if they allege that the petitioner has caused the same, the petitioner would be then liable for action, in accordance with law,” the Court warned the petitioner father. .An FIR had been recorded at the instance of the father of the man against the petitioner. The Court asked him to show restraint and not commit any offence against the woman's father ..The Court further directed the assistant sub-inspector of police present there to accompany the woman and the man to ensure that they safely board a bus to travel to place of their choice. .[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.