HARDIKBHAI RAMJIBHAI KANANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by the petitioner under Article 226 of the Constitution of India in which the petitioner has prayed for issuance of a writ of habeas corpus. It is prayed that respondent No.2 be directed to produce the corpus before this Court.

(2.) Heard learned advocate Mr. Jani for the petitioner. Learned advocate for the petitioner has referred the averments made in the memo of the petition and thereafter contended that petitioner is the husband of the corpus. Petitioner got married with the corpus viz. Asthaben. Marriage certificate is placed on record at page 9 of the compilation. It is further submitted that thereafter the agreement was executed between the petitioner and respondent no.3 - father of the corpus on 11/2/2022 pursuant to which the petitioner had handed over the custody of his wife to respondent No.3 for the purpose of study of the corpus. Copy of the said agreement is placed on record at page 11. It is submitted that now the respondent No.3 - father of the corpus is not permitting her to contact the petitioner and therefore corpus has sent WhatsApp messages to the petitioner, copies of which are placed on record. It is, therefore, urged that when the corpus is in illegal custody of the respondent No.3 i.e. her father, appropriate direction be issued.

(3.) Pursuant to the notice issued by this Court, the respondent police authorities produced the corpus before this Court. This Court has ascertained the wish of the corpus. She has stated that her age is 20 years and she is voluntarily residing with her father i.e. the respondent No.3. She wants to accompany the respondent No.3. She has stated that she is not in illegal custody of the respondent No.3, as alleged in the petition.