HARISHCHANDRA MAGANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since the issues involved in the present applications are identical in nature, Criminal Misc. Application No.4142 of 2017 is considered as leading matter.

(2.) The present application is filed for seeking following main reliefs:-

(3.) Brief facts as per the case of the applicants in this application are, as stated in the FIR are as such that the first informant resides at the address mentioned in the FIR. It is stated in the FIR that the first informant is residing with her parents. It is also stated in the FIR that the first informant is having son viz., Shivan aged 1 year and six months. It is also stated in the FIR that the computerized application dtd. 10/3/2016 is shown to the first informant and also Special Criminal Application No 3996 of 2016 along with the order passed thereon is also shown to the first informant and made to understand that the said application was made by the first informant and there is also a signature of the first informant. It is also stated in the FIR that the first informant got married in the month of May, 2013 at Umargam Court and after that the first informant was residing for some time at her parental home. It is further stated in the FIR that as the mother-in-law of the first informant was not keeping good health, she was time and again staying at the matrimonial home also. It is further stated in the FIR that at that time the marriage life of the first informant was going well. It is further stated in the FIR that later on in the year 2014, the marriage of the first informant took place with the accused No.1 in the FIR as per rituals and after that the first informant had went to her matrimonial home. It is further stated in the FIR that at that time, the father-in-law of the first informant namely Harishchandrabhai, brother-in-law Vivekbhai, mother-in- law Premilaben and sisterin-law in Pruviben along with husband Gauravbhai started harassing the first informant from the very next day. It is also alleged that the first informant was to go at her parental home next day for some rituals. However, all the above mentioned accused did not allow the first informant to go to her parental home. Upon requests being made by the first informant, the first informant was made to visit her parental home for one hour and when the first informant returned back, the father in law of the first informant namely Harishchandrabhai inquired as to what did the first informant have brought from her parental home. It is also alleged that she was also told that the arrangements were not made in the marriage as per the previous talks and the first informant was taunted and was verbally abused by using filthy language. It is also alleged that the brother-in-law viz. Vivekbhai also verbally abused by using filthy language. It is also alleged that the mother-in-law as well as the sister-in- law also supported the said accused persons. It is stated in the FIR that after the said marriage, the first informant had resided for one month at Vapi at that time, as there was marriage of the cousin of the first informant namely Krunal, he had come to the first informant from her matrimonial home, but she was not permitted to go and was only permitted to go on the day of marriage for some hours. It is also stated that at that time, the husband of the first informant also accompanied the first informant and during that time, the said persons have not even talked with the parents of the first informant. It is further alleged that during one month, all the above mentioned persons started taunting in small matters and harassed the first informant. It is also alleged in the FIR that the first informant was also asked to get the expenses incurred in the marriage or else the first informant should go back to her parental home. It is further stated that the first informant and her husband Le accused No. 1 namely Gauravbhai went to Lutun (UK) in the month of March, 2014 and that the first informant resided at that place along with her husband and her sister-in-law. It is alleged that the first informant was also harassed by her husband and her sister-in-law namely Purviben in some small matters and even physically assaulted. It is also alleged that after some time, the brother-in-law of the first informant namely Vivek and the mother-in-law Premilaben also went at UK and all the said accused persons together harassed the first informant and taunted her. It is also stated in the FIR that the first informant then became pregnant and at that time also, she was physically assaulted. However, keeping in mind the social obligations and the marriage life is not spoiled, the first informant stayed there. It is further stated that the mother-in-law as well as the brother-in- law before birth of the child namely Shiven returned back to India. It is further alleged that the first informant was studying there and at that time also, the husband as well as the sister in law Purviben was harassing the first informant. It is stated that after that, the health of the mother in-law of the first informant got deteriorated and, therefore, they returned to Indin in October, 2015 along with the husband namely Gauravbhai and sister in law namely Parviben, It is further stated that after two three days. mother of the first informant expired and as per the rituals, as the first informant was required to go to her parental home, the father of the first informant namely Jayantibhai was to come to pick the first informant and inquiry was made in that regard and no reply was made and the harassment continued by way of taunting in small matters. After that the first informant was permitted to go to her parental home and first informant stayed there for 8 to 10 days and during that period, the first informant had informed regarding the harassment imparted by the family members. However, with a view to see that the marital life is not spoiled, no complaint was made. It is further stated that the in-laws again came to stay with the first informant and the first informant went at Vapi and resided there upto February, 2016. It is further stated that during that period also, the husband as well as the brother in-law, father-in-law and sister-in law were taunting and harassing the first informant. It is also alleged that on one day, the in-laws have driven out of the first informant from their residence and the first informant was made to sleep along with her son outside the residence and after that, the first informant on 10/2/2016 left for her parental home and told about all the harassment made to her parents and family members. It is also stated on 14/2/2016, the in-laws of the first informant had come to again take back the first informant however, the first informant did not go there. At that time also, the husband of the first informant verbally abused and after 8 to 10 days, the first informant as well as her father went to Jyoti Samaj, Navsari, for getting divorce: and an application was made and Jyoti Samaj had called both the parties on 10/3/2016, however, on 9/3/2016 at about 9:30 in the morning, the husband of the first informant along with two three persons came in white coloured car and took away son Shivan and left and after that the application was made to the police and an application was made with the Navsari Court for getting the possession of the child and even a petition was filed before the Honourable High Court. It is also stated that firstly habeas corpus petition was made and after order being passed in the said habeas corpus petition, the inquiry was made by the Police Officers and it was found that the husband of the first informant had taken their son Shivan on 9/3/2016 from Mumbai Airport via Jet Airways Flight to Dubai and, therefore, the FIR came to be lodged against the present applicants along with the accused No.1, who is the husband of the first informant. Further, pursuant to the registration of the FIR, the present applicant Nos. 1 and 2 were arrested and were granted bail by the police on 20/11/2016. Hence, the present application is preferred.