SADHU KALAVATIBEN DINESHKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition preferred seeking the writ of habeas corpus or any other appropriate writ being aggrieved by the non-availability of the daughter of the petitioner, who was allegedly taken away by respondent No.3 from lawful guardianship of the petitioner from 16.07.2020. It was alleged that she has been illegally confined and many apprehensions had been expressed in this petition. The missing complaint given by the complainant on 20.07.2020 is also forming the part of the record. On earlier occasions, this Court while issuing notice passed the following order on 31.08.2020 :-

(2.) On three occasions on 29.09.2020 and on 12.10.2020, as well as on 14.10.2020, the matter came up on board and on the last adjourned date, the Superintendent of Police, Patan had requested for 07 days' time as he had certain clues of the whereabouts of the corpus through the Anti-Human Trafficking Team of his. Accordingly, the matter had been posted on 26.10.2020. However, today due to quick actions on the part of the SP and his teams, the corpus has been produced through the video conferencing arranged from District Court, Patan in presence of learned Additional District and Sessions Judge Ms. Prajapati. The corpus is 21 years of age and she is an educated girl, who completed her graduation. She is quite clear and emphatic that she has married Irfan at Delhi. Firstly, they performed rituals and marriage ceremony at Arya Samag, Delhi after Irfan converted into Hinduism and thereafter the marriage was registered at office of Sub-Registrar at Delhi itself. Copies of the same have been sent to the Superintendent of Police, Patan. She also stated that while she was young, they had entered into live-in relationship. A contract in that respect also has been entered into and after they both attained the age of majority and, at an appropriate time, they have chosen to now tie this knot and in no manner she is desirous to join her parental family. This was in our conversation with the corpus alone in presence of learned Additional District Judge.

(3.) In wake of this unequivocal statement emerging from the corpus, we deemed it appropriate to meet Irfran, who also accompanied her to District Court, Patan. He too is a graduate as both of them were co-students in a college and had grown fond of each other. He was earlier serving in Gram Rakshak Dal, where he was driving vehicle. Presently, he does not have any work and because of the apprehension due to inter-religious marriage, they have chosen to go away from the native. He ensures all possible care of corpus and also has further urged that if he is threatened because of this marriage, life of theirs may be put to jeopardy.