PANKAJKUMAR MANEKLAL JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing instant petition under Article 226 of the Constitution of India, the petitioner has prayed to issue writ of Habeas Corpus or in the nature of Habeas Corpus or any other appropriate writ, direction and/or order directing respondent No.2 to produce corpus Chetana before this Court, who is in illegal detention of respondent No.2 and further prayed to hand over her custody to him.

(2.) Marriage of the petitioner with respondent No.3 was solemnized on 13.10.2010 as per Hindu rights and customs and the same was registered on 14.10.2010. According to the petitioner, respondent No.2, who is the father of corpus Chetana, forcibly took away corpus Chetana from his house, as he is against the marriage of the petitioner with respondent No.3 ? Chetana. It is also averred that both are major and therefore, they are free to live as per their wish and desire. The petitioner has therefore, filed this petition and prayed for the relief to which the reference is made in the earlier paragraph of the judgment.

(3.) This Court vide order dated 25.10.2010 issued Rule, which was made returnable on 28.10.2010. On returnable date, i.e. on 28.10.2010, since the Rule could not be served because of shortage of time, Mr. JR Mishra, PI, Viramgam Town Police Station could not trace out the Corpus Chetanaben and produce before the Court. Today, Mr. JR Mishra, PI, Viramgam Town Police Station, who is personally present before the Court, has produced the corpus Chetana, who was in the custody of respondent No.2 ? her father.