PARESHKUMAR KALUBHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of filing this petition under Article 226 of the Constitution, the petitioner has prayed to issue a writ of Habeas Corpus or a writ in the nature of Habeas Corpus or any other appropriate writ, order or direction, directing respondent No.2 Police Inspector, Sector-7 Police Station, Gandhinagar, to produce the corpus - Smt. Dimpal, who is in illegal confinement of respondent Nos. 3, 4 and 5 and after verifying her wish and will, further be pleased to set her free and permit her to accompany the petitioner with the police protection.

(2.) It is, inter alia, stated by the petitioner in the petition that the petitioner and respondent No.6 got married on 04.02.2010 as per the rituals of Hindu law and the same was registered at Serial No.329 Vol. No.1 of the Register of Marriages, maintained under the Gujarat Registration of Marriages Act, 2006. It is further stated in the petition that the respondent No.6 is his legally wedded wife and their marriage is still in existence and after the marriage they were residing together peacefully. However, as the parents and relatives of the respondent No.6 are against the marriage, they started harassing them and threatened the petitioner by police and relatives of the respondent No.6 and made their life miserable. It is further averred in the petition that the petitioner did not complain against anyone as they were relatives of his wife, however, the respondent No.6 informed the Sector7 Police Station, Gandhinagar that she is legally wedded wife of the petitioner and she has left her parental house without taking anything and is residing with the present petitioner. It is further stated by the petitioner in the petition that on 28.7.2010, the respondent Nos. 3, 4 and 5 have forcefully taken the custody of respondent No.6 and detained her illegally with them. It is further averred in the petition that the petitioner has requested them to hand over custody of his wiferespondent No.6, however, the respondent Nos. 3, 4 and 5 had abused the petitioner and also threatened that their relatives are working with the Police Department and if he takes any action, his life as well as the life of the respondent No.6 would be in danger. It is further averred in the petition that the wife of the petitioner respondent No.6 is suffering from heart ailment and he is very much aware about the said ailment, and in spite of that, out of love and affection, he got married with the respondent No.6. It is also averred in the petition that petitioner apprehends that the life of his wife is in danger. Lastly, it is averred in the petition that the petitioner tried to find out the whereabouts of his wife at the residence of the respondents, however, she was not found anywhere and at present also her whereabouts is not known to him. It is, therefore, prayed for the relief to which the reference is made in the first paragraph of the judgment.

(3.) This Court, vide order dated 26.08.2010, issued Rule and respondent No.2 was directed to ensure that the corpus is produced on the next date of hearing. It is also further observed that if the corpus Dimpal is desirous to remain present with her parents on the next date, she will be at liberty to remain present.