VAGHELA HEMANTBHAI CHIMANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Habeas Corpus petition under Article 226 of the Constitution of India has been preferred by the petitioner with a prayer to direct respondents Nos.2 and 3 (wrongly stated as respondents Nos.2 to 6 in the prayer­clause of the petition) to trace out his wife Jayshreeben who has allegedly been taken away by respondent No.4 and has been allegedly been confined by him.

(2.) It transpires from the petition that the petitioner and Jayshreeben were married twelve years ago and have three daughters, aged ten, seven and four years. On 30.07.2017, the petitioner had gone for work at Raipur. When he returned home at about 9:00 PM, he found his house locked from outside. The children were inside. On entering the house from the back door, the petitioner came to know that the corpus was missing from the house. It is further stated in the petition that the corpus had gone to the market in order to purchase vegetables but did not return. The petitioner tried to contact her on the mobile phone but it was switched off. The petitioner searched for the corpus at her parental home and house of her relatives but could not find her. According to the petitioner, the corpus has gone from the house, taking ornaments worth rupees fifteen thousand from the cupboard. According to the petitioner, respondent No.4 has taken away his wife as he was regularly following her whenever she would go out.

(3.) Rule was issued in the petition on 28.09.2017, after which the Police authorities commenced the search for the corpus. Thereafter, the petition was listed from time to time.