DEVIPUJAK VIRABHAI AMIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition preferred by the petitioner under Article 226 of the Constitution of India seeking production of the corpus namely - Savabhai who is the son of the petitioner who, according to him, had been allegedly taken away by respondent nos. 4 to 7.

(2.) It was the say that his son Savabhai was married earlier and he had four children. His first wife died two years back and he got married with respondent no.6 - Rekhaben. It is the say that Rekhaben left home without informing anyone and despite the best of the efforts to bring her back, she chose not to return.

(3.) It is alleged that on 15.09.2019, respondent nos. 4 to 7 came to the place of the petitioner and forcibly taken away his son Savabhai in a Jeep car. Attempts were made to bring him back, however, in wane. The attempt to lodge First Information Report also failed and police recorded the missing complaint. It is reiteratively alleged by the petitioner that the corpus has been detained against his wish and will and there is a violation of the fundamental right and therefore, the present petition has been filed with the following prayers: