MANSUKH BHIMJIBHAIVAGHELA Vs. STATEOF GUJARAT

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India seeking issuance of a Writ of Habeas Corpus against respondents No.4 to 7 for production of the daughter of the petitioner before this court.

(2.) Pursuant to the earlier order dated 09.03.2020 passed by this court, both the corpus and respondent No.4 as well as the parents of respondent No.4 are present before us. We ascertained the will and wish of the corpus and she has informed us that she is desirous to stay with her husband, respondent No.4 herein, at her matrimonial home. On inquiry, the father of respondent No.4, who is running a Hotel selling tea and snacks and his mother, who is a home ? maker, state that they came to know about the marriage of their son one day after they had married. They state that they are ready to accept the corpus as their daughter and have assured the court that they would take due care of her.

(3.) However, Mr. Sandip Patel, learned advocate for the petitioner, attempted to question the character of respondent No.4 by stating that in the past also, respondent No.4 was into a relationship with some other girl, which did not subsist for long and therefore, there is no surety that he would not extend a similar treatment to the corpus.