HC refuses to detain missing woman who eloped with lover

The Aurangabad bench of the Bombay high court refused to detain or pass orders against a woman who is an adult and had eloped with a man two years older than her after she presented herself before the court in a habeas corpus petition filed by her father

The Aurangabad bench of the Bombay high court refused to detain or pass orders against a woman who is an adult and had eloped with a man two years older than her after she presented herself before the court in a habeas corpus petition filed by her father.

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The court after verifying the age of the woman noted that as the woman had expressed unwillingness to speak or meet with her parents, they should not try to make her change her decision and also directed the father of the man from causing any harm to the parents of the woman.

A division bench of justice Ravindra Ghuge and justice BU Debadwar while hearing the petition filed by the father of the woman was informed that following its earlier order to the police to bring the woman before it, the woman had come voluntarily. The court verified the age of the woman through her Aadhaar card and confirmed that she was 18 years and six months old, hence an adult.

On the query of the court, the woman informed that she had eloped with the man who is two years older than her as she was in love with him and they planned to get married once he attained the legal age for marriage. The woman further submitted that after she left her father’s house she had been living with the man at a location unknown to both parents and would prefer it to be that way till they got married. She also submitted that she needed protection from her father as he was furious at her relationship with the man and had also assaulted the man’s father.

After hearing the woman and getting an assurance from the father of the woman that neither he nor his relatives would harm the daughter or her lover, the court noted, “if the missing girl or respondent No.5 (the man) suffer any physical harm and if they allege that the petitioner has caused the said harm, the petitioner would then be liable for action, in accordance with law.”

The court while directing the father of the man to also show restraint said, “Since the missing girl is an adult and respondent No.5 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, as recorded herein above,” and directed the police to escort the woman and the man till a bus so that they may go to the desired destination without being stopped or harmed by anyone and disposed of the petition.