RANJITSINH RAJENDRASINH CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate Mr. Kharadi relying upon the judgment of Shriram Urav v. State of Chhattisgarh in Criminal Appeal no.41 of 2021 and the affidavit of the victim-Nita wife of Ranjitsinh Rajendrasinh Chauhan and daughter of Kanjibhai Joitabhai Prajapati, aged 38 years, has submitted that the appellant and the victim are in matrimonial relation. They have already married and out of cohabitation, they have two children, the elder son aged 22 and daughter is aged 19 years. Mr. Kharadi has placed reliance on the school leaving certificate of both the children.

(2.) The affidavit of the victim is supported by Aadhar Card in which her name is shown as Chauhan Nitaba and as wife of Ranjitsinh and residing at Virpur, Sabarkantha, Himmatnagar, Gujarat.

(3.) The facts of the case suggest that the complaint was filed by the father. The victim had stated before the learned Chief Judicial Magistrate, Himmatnagar on 20/8/2004 that on knowing that her parents had filed a complaint, she and the appellant both appeared before the Himmatnagar Town Police Station. She had stated that she on her own volition had joined the appellant and after four months, they have appeared before the police. She stated that she had married the appellant by customery way. Both were arrested. She was not willing to go and stay with the parents and therefore, was sent to Nari Sanrakshan Gruh. During that period, she had given birth to the elder son. She had stated before the learned Chief Judicial Magistrate that she wanted to stay with her husband. She has referred to the appeal filed by the husband. Yesterday i.e. on 23/6/2025, the victim lady had appeared with her daughter and the appellant and had affirmed that whatever she has stated in the affidavit is true and they are happily married. The complaint came to be filed since the parents were against the marriage.