MANISHABEN JITENDRABHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Habeas Corpus petition under Article 226 of the Constitution of India has been preferred by the petitioner, who is the mother of the corpus, Sejal, with a prayer to direct respondent No.3 to hand over the custody of the daughter to her.

(2.) It is the case of the petitioner that on 04.10.2017 at 8:30 AM, her husband had gone for work. The petitioner, along with other family members, went to their farm for agricultural work. However, Sejal expressed a desire to stay at home and watch television. When Pradipbhai, son of the petitioner, came home at 1:00 PM, he found that his sister Sejal was not in the house. He informed the other family members, who came and started searching for her in the village. However, Sejal was nowhere to be found. Upon making inquiries, the petitioner came to know that her minor daughter had been abducted by respondent No.4. When the petitioner and other family members went to the house of respondent No.4 to make inquiries, they were informed that he was not at home. They, therefore, made a complaint dated 07.10.2017 to the District Superintendent of Police, Vadodara. As the minor daughter of the petitioner was not traced, the petitioner has approached this Court by way of the present petition.

(3.) Rule was issued in the petition on 27.12.2017, making it returnable on 11.01.2018. Thereafter, the Police authorities commenced their search for the corpus.