DIGVIJAYSINH AJITSINH VALA 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 respondents to produce the corpus of his wife, Rozima. According to the petitioner, the corpus has been illegally confined against her will by respondents Nos.3, 4 and 5.

(2.) Rule was issued in the petition 16.01.2018, making it returnable on 23.01.2018. However, before the returnable date, Ms.Jirga D. Jhaveri, learned Additional Public Prosecutor, has submitted that the corpus has been traced and is present in the Court, today, escorted by Ms.Y.G. Mathukiya, Police Sub Inspector, Mr.Ranjitbhai Vinabhai, Unarmed Police Constable and Mr.Kalubhai Devjibhai, Unarmed Police Constable, Isanpur Police Station.

(3.) It appears from the petition that the corpus and the petitioner, both of whom are adults, got married on 08.01.2014. The Certificate of Marriage under Section 13 of the Special Marriage Act, 1954, has been annexed as Annexure A to the petition. The petitioner and the corpus have been married for a period of five years.