KISHANKUMAR ATULKUMAR BAROT Vs. KALABHAI VAHJIBHAI CHAUDHARY

JUDGEMENT

(1.) This habeas corpus petition is filed by one Kishan seeking production of Kinjal aged about 22 years before the Court and releasing her from the custody of her parents who according to the petitioner had detained her. According to the petitioner, he got married to Kinjal on 3.4.2017. Such marriage was also registered. Since this marriage was against the wish of Kinjal's relatives, a Janva Jog entry of missing person was reported at Mansa police station. It appears that the police authorities at Mansa found out the boy and the girl at Kamrej, near Surat. A team of the police officers was sent to Kamrej from where the girl was brought to Mansa and later on handed over to her parents. According to the petitioner, though at Kamrej, the petitioner and Kinjal had both pleaded with the police authorities that they were living together voluntarily and had got married, the girl was taken to Mansa against her wish.

(2.) Looking to the serious allegations made by the petitioner, on 20.4.2017, we had directed the IO to remain present, produce the girl and to file an affidavit meeting with the allegations made in the petition. Accordingly, Shri Hareshbhai Govindbhai Pallacharya, PI, Mansa police station was present with the case papers. He has also filed an affidavit dated 21.4.2017 denying the allegations made in the petition.

(3.) Prima facie, the explanation of the State authorities is simply not acceptable that the girl voluntarily left Kishan and joined her parents. This was compounded when we spoke to the girl alone in the chamber. She stated that she had a love affair with Kishan and she had voluntarily left her parents' house and after getting married with Kishan was living at Kamrej. The police authorities had come there. Her brother was also present at Kamrej. She was brought to Mansa police station. She clearly stated that she wants to go with Kishan. She however, earnestly requested us that no harm should come upon her parents and other relatives since according to her they had not used any force or threats.