APARNA JIGARBHAI VALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Assistant Government Pleader waives service of rule on behalf of respondent No.-1-State. Learned advocate Mr. Chintan Gandhi waives service of notice on behalf of respondent Nos.4 to 6.

(2.) This petition under Article 226 of the Constitution of India is filed by the petitioner for issuance of writ of Habeas Corpus to produce the corpus i.e. respondent No.7, a minor named 'Hiya' being daughter of the petitioner and her husband-respondent No.4- Jigar Balvantbhai Vala. The bare facts are that the petitioner and respondent No.4 had entered into a marriage on 10/3/2017 and out of the wedlock, 'Hiya' (corpus) was corpus on 12/10/2020.

(3.) It is a case where there was a matrimonial discord between the petitioner and respondent No.4 and there were allegations that the petitioner was beaten and driven out of the matrimonial home at Vadodara and the corpus Hiya forcibly snatched away from her because of which the petitioner has filed a written complaint with J.P. Police Station, Vadodara. It is a case where both petitioner and respondent No.4 originally belonged to Bhavnagar however, have re-located themselves at Vadodara, where both the petitioner and respondent No.4 were working at the different private banks. It is alleged that the petitioner had returned to her parental home at Bhavnagar where she was required to be treated, at the same time, respondent No.4 after having taken the forcibly daughter with him also returned to Bhavnagar.