LAWS(GJH)-2022-7-58

CHAMPABEN RAJENDRABHAI BAVRI Vs. STATE OF GUJARAT

Decided On July 11, 2022
Champaben Rajendrabhai Bavri Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India seeking writ of habeas corpus. The petitioner, who is mother of the corpus, has prayed that the respondent police authorities be directed to produce the corpus along with her three children before this Court and thereafter custody of the corpus and three children be handed over to the petitioner.

(2.) Heard learned advocate Ms. Payal M. Tuvar for the petitioner and learned APP Mr. H. K. Patel for the respondent Nos. 1 and 2.

(3.) Learned advocate for the petitioner has referred to the averments made in the memo of the petition and thereafter submitted that daughter of the petitioner viz. Rakhiben has been missing since 15/5/2022. Her age is 23 years. Her marriage is solemnized with one Ravikumar Muraribhai Bavri and out of the said wedlock, they are having three sons aged about 5 years, 3 years and 1.5 years respectively. It is further submitted that from 15/5/2022, daughter of the petitioner is missing and therefore present petition is filed. The petitioner has also stated that her daughter i.e. corpus is in illegal custody of the present respondent No.3 and therefore respondent police authorities be directed to produce the corpus along with three minor children before this Court.