RAMSIYA NATHURAM PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is preferred under Article 226 of the Constitution of India for issuing a writ of habeas corpus or any other appropriate to bring the corpus before this Court on the ground that whereabouts of the daughter is not known. Prayers sought for in the present petition are as follows:

(2.) This is a petition by the father whose daughter-corpus is of 23 years, and incidentally has chosen to marry, out of her own volition, to Umang Vinodbhai Saju, a 23 years resident of Gomtipur. They were the neighbours and grew fond of each other and eventually, decided to marry without the consent and blessings of girl's parents. Marriage came to be registered before the Registrar of marriage, Usmanpur and certificate of registration of marriage also had sent to the residence of the present applicant. As the complaint of missing of daughter since was with the police, her statement came to be recorded on 11.09.2020, this was in the presence of her father and it was stated in the presence of father with unarmed police constable recording her version that she actually wanted to join her husband. It was father himself, who had inquired with the girl and the same has been recorded in her version. The statement of the boy with whom she was married is also recorded. The present petitioner statement of 02.09.2020 is before the Court, wherein he states that he gave the application on 03.09.2020, wherein in states that when he left is residence, he also a letter of her having married to Umang. He agreed that no valuables or the cash had been taken at the leaving of her residence. She presented before the police and the papers of marriage registration also had been handed over to him, which he read and the daughter since married out of her own volition and because of her choice, she was inquired by the police in the presence of the petitioner as well the wife as to whether with whom she preferred to go with and she had fairly stated of going with Umang. She has stated that she has studied upto 12th Standard and she has her own capacity to understand what is right or wrong.

(3.) All these details have been already communicated in Hindi language and, therefore, he has kept his signatures and thumb impression on this statement.