GANGARAM AJMALBHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a habeas ?corpus petition filed by a father bringing it to the notice of this Court that his minor daughter viz. Anita Gangaram Prajapati is in unlawful custody and detention of the respondent no.4 viz. Vishal alias Umeshbhai alias Umangpurabhai Prajapati.

(2.) Ms. Mamta Vyas, the learned counsel appearing for the petitioner has not been able to remain present today before this Court. The petitioner viz.Gangaram Ajmalbhai Prajapati is also not present in the Court today. The police has been able to produce the corpus viz. Anita Gangaram Prajapati before us today. It appears that she is minor. As on date, she is 17 years and 08 months old. As such being a minor, we are not supposed to inquire about her desire. However, the corpus appears to be in a very pathetic condition.

(3.) Something very serious has come to our notice. In our brief conversation with the corpus, it has been brought to our notice that her parents had got her married while she was 15 years of age. According to the corpus, she was compelled to get married at the relevant point of time with one boy viz.Vishnu. Even Vishnu at the relevant point of time had not attained the marriageable age. She stayed at her matrimonial home for about 45 days and came back to her parental home. However, as alleged by the corpus, on account of incessant harassment at the end of her parents, one fine day, she thought fit to leave the parental home. In such circumstances, she eloped with the respondent no.4 viz.Vishal alias Umeshbhai alias Umangpurabhai Prajapati with whom she is in love. If what has been stated before us today by the corpus is true, then it is something very serious and the State should look into the same at the earliest.