NARENDRA NARAYANLAL KATIRIYA 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 respondent No.3 - Police Sub Inspector, Madhupura Police Station to produce the corpus - Karishma Kumari, who is his wife, from the custody of respondents Nos.4 and 5, the parents of the corpus.

(2.) It is stated in the petition that the petitioner and the corpus were known to each other for some time and developed intimacy towards each other. They decided to get married and, accordingly, both being adults, have solemnised their marriage on 16.06.2017, at the Metropolitan Court, Ghee Kanta, Ahmedabad. The marriage ceremony was performed by Priest Arpitbhai Vinodchandra Raval. A copy of the Marriage Certificate dated 16.06.2017, issued by the Priest along with the photographs of the marriage are collectively annexed as Annexure-A to the petition. The next day, that is, 17.06.2017, the marriage of the petitioner and the corpus was registered at Sr.No.2490 of 2017 in the Register of Marriages by the Marriage Registrar, Dariyapur, Ahmedabad, under the provisions of the Gujarat Registration of Marriages Act, 2006. A copy of the certificate of registration of marriage dated 17.06.2017, is annexed as Annexure-B to the petition.

(3.) It is further stated that respondents Nos.4 and 5, the parents of the corpus were not in favour of the marriage of the petitioner and the corpus. The said respondents came to the house of the petitioner on 19.06.2017, requesting the petitioner to permit them to take the corpus to Rajasthan so that they can complete the necessary rituals, ceremonies and formalities with a promise that after the rituals are over, respondent No.5 shall formally solemnise the marriage of the petitioner and corpus on 03.07.2017. This assurance was given by respondents Nos.4 and 5 on a stamp paper of Rs.50/-.