MALEK BAYABHI KHANJIKHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition by the petitioner, who happens to be the mother of one Sahilkhan Khanjikhan Bayaybhai Malek, seeking to invoke the writ of habeas corpus or any other appropriate writ on the ground that her son has entered into a live-in relationship agreement with the corpus, as per her wish and will on 31.01.2020 and they had been leaving together, after entering into the said contract. They knew each other for the past five years. Since, they both belong to the different religions and as they live in the same village, they could not get marry, although, the son of the petitioner is 28 years of age and the corpus, having her date of birth 14.07.1999, was also 18 years of age.

(2.) We have heard the learned Advcoate, Ms. Panchal, for the petitioner, who has fervently urged that the Officers concerned, who took away the corpus had revealed no details, as to where, the corpus was being taken. The petitioner being an aged lady would genuinely be concerned about the well-being of the corpus, and therefore, she has approached this Court. She also, further, has urged that the pendency of FIR against her son has no relation with the missing of the corpus, as he would undergo ordeal as may be required, but, that would not give any entitlement to the police to take the corpus away, especially, when there is a contract of live-in relationship between her son and the corpus.

(3.) Learned APP, Mr. Mehta, on an advance copy has appeared and has urged fervently, on instructions, before this Court that there are three FIRs lodged against the son of the present petitioner, where, the first FIR was filed by the corpus, herself, and not by her father. This fact has been suppressed before this Court. He also has urged that the petitioner is a mere stooge and under the pretext of missing of the corpus, she has come before this Court to misuse the process of law, as, otherwise, she is desirous to know whereabouts of the corpus, who not only the complainant in the first FIR but also a victim. The last FIR registered against the son of the petitioner is dated 19.06.2020 with the Varahi Police Station, bearing No. 12217056200308/2020, for the offence punishable under Sections 143 , 147 , 148 etc. provisions of the IPC . This is lodged by one Sendhabhai Bhurabhai Thakor in relation to the force used by the accused for compromise in earlier two FIRs, where, blows were inflicted and injuries have been caused to the complainant and his family. He also has taken instructions with regard to the whereabouts and well-being of the corpus and she is reported to be safe. She is kept at a safer place, so as to save her from the harassment at the hands of the family of the petitioner, more particularly, his son.