ISHAAN AJAYKUMAR SEVAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Habeas Corpus petition under Article 226 of the Constitution of India has been preferred by the petitioner Ishaan Ajaykumar Sevak, with a prayer to issue a Writ or direction to remove respondent No.4Bhumi Sanjaybhai Patel from the unlawful custody of respondents Nos.2 and 3, her parents.

(2.) It is the case of the petitioner that he and respondent No.4Bhumi reside in the same locality and, therefore, came in touch with one another about one and a half years ago. They used to meet regularly and eventually fell in love. Both being adults and mature enough to understand the pros and cons regarding their future, the petitioner and respondent No.4Bhumi decided to marry each other. It is further stated in the petition that the family members of the petitioner have accepted the decision of the petitioner to marry respondent No.4, but respondents Nos.2 and 3, parents of respondent No.4 and her other family members are against this decision. It is further stated that respondents Nos.2 and 3 attempted to pressurize respondent No.4 in order to break off her relationship with the petitioner. However, in view of further developments we need not go into detail regarding this aspect.

(3.) On 17.05.2017, Rule was issued by this Court making it returnable on 24.05.2017. Thereafter, on 24.05.2017, when the matter was listed before the learned Vacation Judge, the corpus-Bhumi was produced along with her parents. In the order of that date it is noted that on being asked, the petitioner stated that he would like to marry Bhumi and would make her happy. In addition thereto, Bhumi also expressed her willingness to marry the petitioner. This fact has been stated by her in the presence of her parents. Further, she has stated that she was not under confinement by her parents, but did not wish to go back to her parental house. She showed her willingness to go to the Nari Sanrakshan Gruh, in the interregnum. As the corpus is major, upon expression of her wish and desire, she was directed to be housed at Nari Sanrakshan Gruh, Paldi, till she married the petitioner. The matter was directed to be posted before us on 06.06.2017.