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The Bombay High Court has refused to detain an adult girl who had eloped with her 20-year-old partner, on a habeas corpus petition in the court filed by her father.
Justices Ravindra V. Ghuge and Bhalchandra U. Debadwar were hearing a plea filed by the father claiming that his daughter eloped with the man last year in December and had been missing since then.
She appeared before the High Court Bench on March 31 and asserted that she was 18 years old. She submitted before the Court that she was in love with respondent No.5 (the boy with whom she left her home), and that she is presently living with him on her own will as both are adults.
She further submitted that the couple were planning to get married after he attains the marriageable age of 21 years. She also requested the court to not mention her present place of residence in the order, as she expressed her apprehension 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 told the Bench that her father had also assaulted the father of the boy, blaming him for his son having eloped with her. She finally submitted that she did not wish to meet her parents and that she did not desire to return to their home.
Court’s observations
The Bench warned the petitioner father of action if he physically harmed his daughter or her partner. The order read, “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 observed, “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.”
Accordingly, the father’s plea was disposed of.
The order may be read here:
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