JAYANTIBHAI TULSIBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing instant petition under Article 226 of the Constitution of India, petitioner has prayed to direct the respondent No.2 PSI, Unjha police station to bring the corpus Ritaben, daughter of the petitioner from the alleged illegal custody of relatives of respondents No.3 and 4 and produce before this Court. This Court vide order dated 14.7.2010 issued notice to the respondents, which was made returnable on 2.8.2010 and, thereafter, vide order dated 9.8.2010, this Court has issued Rule and directed the PI of Unjha police station to take immediate steps to trace out the corpus Ritaben and produce her before this Court. Thereafter, the matter was adjourned from time to time. Today when the matter is called out, Mr.H.L.Jani, learned APP states that Mr.T.K.Patel, PI of Unjha police station has traced out corpus Ritaben from the custody of respondent No.4 Ramjibhai Gemarbhai Chamar and produced her before this Court with the assistance of woman police constable.

(2.) We have ascertained her willingness and also inquired whether she is in illegal detention of respondent No.3 or not. She has in unequivocal terms stated before us that she has married with respondent No.3 - Chamar Vijendra alias Vipul Ramjibhai Ghemarbhai as per Hindu rites and rituals in Siddhivinayak Charitable Trust, Ahmedabad on 30.8.2010 and also registered the marriage before the Registrar of Marriages, Asarwa ward, Ahmedabad. She is at present residing with him and she wants to permanently reside with him, as she is lawfully wedded wife of respondent No.3. She is also happy in her matrimonial life with respondent No.3. She has further stated that at present respondent No.3, her husband is in jail in connection with the offence registered by her father against her husband. So far as her age is concerned, as per her statement, she is above 18 years, as her date of birth is 21.3.1992. We have verified the fact of performing marriage as well as its registration and her birth record from the police investigation papers, which have been supplied by Mr.H.L.Jani, learned APP, during the course of hearing of this petition. Upon perusal of the same, we are satisfied that she has performed lawful marriage with respondent No.3. The said marriage is also registered and her birth date is 21.3.1992. Therefore, today, she is major and, therefore, she is sui juris.

(3.) In Gian Devi vs. The Superintendent, Nari Niketan, Delhi and others, (1976) 3 SCC 234, Supreme Court has ruled out that the girl having crossed 18 years of age, is sui juris and hence no fetters can be placed upon her choice of the person with whom she is to stay. In view of this, since the corpus Ritaben is sui juris and, hence, no fetters can be placed upon her choice of the person with whom she is to stay.