PAVANKUMAR SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of filing instant petition under Article 226 of the Constitution of India, the Petitioner has prayed to issue a writ of habeas corpus directing the Respondent No. 1 to take custody of the corpus 'Kavita' who is legally wedded wife of the Petitioner and is in illegal detention of the Respondent No. 2, her father and to reunite her with the Petitioner. It is also prayed to issue direction to Respondent No. 6 to initiate investigation into the illegal confinement of the Petitioner along with his wife by the Respondent Nos. 3 to 5.

(2.) As per the averments made in the petition, the marriage of the Petitioner with the corpus Kavita was solemnized on 14.7.2010 at Rajkot. It is further averred in the petition that as the Petitioner belongs to different caste, the marriage between the Petitioner and corpus Kavita has not been approved by her father. It is further averred in the petition that, though, it was against the wishes of the father of corpus Kavita, the marriage ceremony of the Petitioner with corpus 'Kavita' was performed.

(3.) This Court, vide order dated 29.10.2010, issued Notice to the Respondents which was made returnable on 16.11.2010 on condition that the Petitioner shall deposit Rs. 10,000 to show his bona fide with the Registry of this Court on or before 3.11.2010. The order further stipulates that the Respondent No. 7 Police Inspector, Sarkhej Police Station, Ahmedabad, was directed to trace out the corpus Kavita who is allegedly in illegal detention of Respondent No. 2 Brijlal Dhaka and produce her before the Court on the returnable date.