THAKORE BHARATJI BHARAJI 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 the concerned respondents to produce the corpus of his wife Bhavanaben.

(2.) It is the case of the petitioner that he and the corpus got married to each other on 30.12.2017. It is averred in the petition that after the marriage, the petitioner and the corpus started residing together. However, Mr.Tushar Chaudhary, learned advocate for the petitioner, has stated that these were the instructions given to him by the petitioner when the petition was drafted. However, upon asking the petitioner again, it transpires that even after the marriage, the corpus was staying at the house of her parents as they did not want to disclose this to anyone. However, the parents of the corpus came to know about the marriage between the petitioner and their daughter, which was not liked by them. They were forcing the corpus to get married to someone else, therefore, the corpus telephoned the Police to take her from the house of her parents and place her at the Women Protection Center, Palanpur.

(3.) The pleadings in the petition do not appear to be in consonance with the factual situation as emerges after speaking to the corpus, who has informed us that she herself called the Police in order to escape from the house of her parents and was kept at the Women Protection Center at Palanpur as per her will and not against her wishes. From the Women Protection Center, Palanpur, the corpus went to the house of her sister, from where she has been brought before this Court, today, under the escort of Mr.Pratapsinh Ramsinh, Assistant Sub Inspector and Ms.Pujaben Kamleshbhai, Bhabhar Police Station.