CHARLES Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) Brief facts as per the case of the applicant in this application are as such that complainant is activist of forum for peace and justice. It is further the case of the applicant in this application that in the year 2013, he came to know that one - Sudhaben Makwana mother of minor Joyal Mithilesh Chourasiya had performed conversion of her son - Joyal at Amod church by the then parish priest of the church without prior permission of the District Magistrate. It is further the case of the applicant in this application that father of the minor son - Mithilesh Chorasiya had also represented in this regard. On scrutiny it found that the mother and father of minor Joyal were in love with each other resultantly they got married and registered their marriage on 17/7/2001. It is further the case of the applicant in this application that Sudhaben was frequently visiting church at Amod, in the certificate of Joyal Mithilesh Chorasiya issued by R.C. Mission School, Mariampura. It is mentioned the caste as Hindu Panvadiya there. It is further the case of the applicant in this application that the marriage of mother and father was performed by Hindu rituals. It is further the case of the applicant in this application that father of Joyal is of Hindu Vaishya community. In the leaving certificate of the mother of Joyal the caste is mentioned as Hindu-Vankar. It is further the case of the applicant in this application that the mother and father of Joyal had got divorce by divorce agreement on 28/3/2008 and there also it mentioned that the religion is Hindu.

(3.) Heard learned senior advocate Mr. Percy Kavina assisted by Mr. Johnsey P. Macwan for the applicant, HL Patel Advocates for the respondent No.2 and Mr. Dhawan Jayswal, learned APP for the respondent No.1 - State.