KANAIYALAL KALIDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Dabhi, learned APP appears and waives service of notice of RULE on behalf of respondent Nos.1 to 3, whereas Mr. BA Patel, learned advocate appears and waives service of notice of RULE on behalf of respondent Nos.4 and 5. The service of notice of RULE need not be served to respondent Nos.6 and 7 as they are not necessary party.

(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.3 Sarkhej Police Station, Ahmedabad to produce the corpus Ashaben daughter of the petitioner before this Court, who is allegedly in illegal detention of respondent Nos.4 to 9 and to ascertain her wish and to set her at liberty.

(3.) ON production of corpus ? Ashaben, we had ascertained her wish and willingness and also inquired from her that as to whether she was in illegal detention of respondent No.4. Nareshkumar Dahyabhai Patel. She had stated before us that her marriage has been solemnized with the respondent No.4. Nareshkumar Dahyabhai Patel on 9.7.2010 as per the Hindu rites, which has also been registered and she is the lawfully wedded wife of respondent No.4 Nareshkumar Dahyabhai Patel. She had further stated that she was not in illegal detention of respondent No.4 ? Nareshkumar Dahyabhai Patel, who is her husband. She had also stated that she wants to permanently reside with him at her matrimonial home and does not want to go to the house of the petitioner ? her father.