LAWS(GJH)-2020-8-449

LILABEN HIMMATSINH PARMAR Vs. STATE OF GUJARAT

Decided On August 26, 2020
Lilaben Himmatsinh Parmar Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) On 21.08.2020, at the time of issuance of notice in this petition for habeas corpus under Article 226 of the Constitution of India, following order came to be passed: -

(2.) Today, the corpus has been presented before us through video conference arranged from Dahod District Court in presence of learned Chief Judicial Magistrate Ms. J.D.Parmar. We had an occasion to speak to the lady in a breakout room created on the virtual platform and she in no uncertain terms narrated how she was abducted against her wish and will and forced to be housed at a farmhouse by the respondent no.5 who had committed illegality, taking law in his hands with brazen impunity, by using his position of being PSI and with the aid of local goons since he also hails from the local village of District Dahod. The corpus was quite devastated and was terribly upset over the happening of the incident as also over the facts that his domination and high handedness has made life of hers and her family members extremely miserable and pathetic. She was begging for her own life and her parents' safety and for permitting her to continue her livelihood According to her, they got married at some point of time thereafter on realizing that the relationship could not continue, the official divorce took place and thereafter also he has not stopped harassing her. She has urged that he is not permitting her to lead a normal life and pursue her job. She is a pharmacist and refused to have any relationship with respondent no.5 from the time they separated. However, he has his family and yet does not stop illegal acts and demands.

(3.) We are given to understand that respondent no.5 is serving at Vadodara. He is a legally wedded person who has wife and children both. His continuous phone calls, messages and threats have been reported to the local police and to the Women Commission, however, the same have neither yielded any fruits nor his illegal manner of harassment also has halted.