ROSHAN DHARMENDRAKUMAR JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition preferred under Article 226 of the Constitution of India, the petitioner has prayed to direct the respondents to register the complaint given by the petitioner as a first information report and to take further action in accordance with law.

(2.) It is the case of the petitioner that his marriage with Hetalben took place on 03.04.2008 and out of the said wedlock, two children were also born. However, the petitioner felt that his wife-Hetal was into an extra-marital affair with one of his friends, named Sarfarazhusen, on account of which matrimonial disputes used to take place between them. Ultimately, the petitioner and his wife got divorced on 29.04.2019. It is the further case of the petitioner that said Sarfarazhusen had threatened the petitioner that his ex-wife Hetal is residing with him as his wife and two children and that he would get all three of them to follow Islam. Being aggrieved by the same, the petitioner filed application in the form of complaint before the respondents seeking registration of a first information report. However, no steps were taken by the respondents on such application. Hence, this petition.

(3.) Heard learned advocates on both the sides and perused the documents on record. In the case of Divine Retreat Centre v/s. State of Kerala and Ors., (2008) 3 SCC 542, the Apex Court has in paras-41 and 42 held thus;