LAWS(GJH)-2010-12-220

KAPILKUMAR BHARATBHAI THAKKAR Vs. STATE OF GUJARAT

Decided On December 20, 2010
KAPILKUMAR BHARATBHAI THAKKAR Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) RULE. Mr. Dabhi, learned APP appears and waives service of notice of RULE on behalf of the respondent No.1 - State of Gujarat as well as respondent No.2 - PSI, Deodar Police Station, Tal: Deodar, Dist: Ahmedabad, whereas Mr. Alpesh Dodia, learned advocate appears and waives service of notice of RULE on behalf of the respondent No.3 - Chhanalal Keshavlal Thakkar.

(2.) BY filing instant petition under Article 226 of the Constitution of India, the petitioner has prayed to issue writ of Habeas Corpus or any other appropriate writ, direction and/or order directing respondent Nos.2 and 3 to produce wife of the petitioner namely 'Dharti', who is allegedly in illegal detention of her father respondent No.3 Chhanalal Keshavlal Thakkar and to hand over her custody to him.

(3.) NOTWITHSTANDING the aforesaid order passed by this Court, Mr. Alpesh Dodia, learned advocate appeared before this Court on 9.12.2010 and stated that he has received instructions to appear on behalf of respondent No.3 - Chhanalal Keshavlal Thakkar - father of corpus Dhartiben, as he came to know about issuance of notice by this Court. He had also stated that respondent No.3 had also brought his daughter corpus Dhartiben with him. We had therefore, ascertained will and willingness of corpus Dhartiben on that day. She had stated that it is true that she has solemnized her marriage with the petitioner - Kapilkumar Bharatkumar Thakar, but, now she does not want to stay with the petitioner and wants to stay with respondent No.3 Chhanalal Keshavlal Thakkar - her father at parental home. Since the petitioner has not deposited the cost and the matter was not fixed for hearing on that day, this Court has adjourned the matter and interim custody of corpus Dhartiben was handed over to respondent No.3 Chhanalal Keshavlal Thakkar with the direction to produce her on the next date.