R/SCR.A/7352/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 7352 of 2017
DEVRAM AKA MAHESHKUMAR RAVJIBHAI SUTHAR
(GAJJAR)….Applicant(s)
Versus
STATE OF GUJARAT 9….Respondent(s)
Appearance:
MR N S PARMAR, ADVOCATE for the Applicant(s) No. 1
MR VISHAL S AWTANI, ADVOCATE for the Applicant(s) No. 1
MR RONAK RAVAL, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
MR MAHESH POOJARA, ADVOCATE for the Respondent(s) No. 4 – 10
CORAM: HONOURABLE SMT. JUSTICE ABHILASHA KUMARI
and
HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 05/10/2017
ORAL ORDER
(PER : HONOURABLE SMT. JUSTICE ABHILASHA KUMARI)
1. This Habeas Corpus petition under Article 226 of
the Constitution of India has been preferred by the
petitioner with a prayer to direct respondent No.3
Officer Incharge, Thara Police Station, to produce
the corpus of his wife Daxaben who, according to the
petitioner, has been illegally confined by respondents
Nos.4 to 9 and is being subjected to cruelty.
2. It is the case of the petitioner that he and the
corpus (respondent No.10 herein) got married on
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16.04.2012 as per Hindu rites ad rituals. At that
point of time, the petitioner was aged twentyfive
years and the corpus was aged eighteen years. A copy
of the Marriage Invitation Card as well as coloured
photographs of the marriage ceremony have been annexed
along with the petition.
3. It is further averred that as per the custom of
the community, Daxaben was residing with her parents
for some time, though she used to regularly visit the
petitioner’s house on religious and cultural
occasions. According to the petitioner, a dispute
arose between his elder brother and his wife who is
the maternal aunt (Masi) of the corpus, as also her
elder sisterinlaw (Jethani), due to which
respondents Nos.4 to 9 allegedly threatened the
petitioner and his family members and kept the corpus
in illegal confinement.
4. Respondent No.6 maternal aunt (Jethani) of the
corpus has filed a complaint in Thara Police Station,
Banaskantha on 30.09.2015, in this regard, under
Sections 498A, 504, 506(2) and 114 of the Indian Penal
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Code, 1860 and Sections 3 and 7 of the Dowry
Prohibition Act, 1961. As wife of the petitioner is
still allegedly detained by respondents Nos.4 to 9,
the petitioner has approached this Court by way of the
present petition.
5. Pursuant to the issuance of Rule on 25.09.2017,
the corpus is present before the Court in the company
of her father respondent No.4 and uncle respondent
No.9.
6. Heard Mr.Vishal S. Awtani, learned advocate for
the petitioner and Mr.Ronak Raval, learned Additional
Public Prosecutor for respondents Nos.1 to 3.
Mr.Mahesh Poojara, learned advocate, states that he
has received instructions to appear on behalf of
respondents Nos.4 to 10 and prays for permission to
file the Vakalatnama. He may do so in the Registry.
7. Learned Additional Public Prosecutor has
submitted a statement dated 26.09.2017 given by the
corpus before the Police authorities, for our perusal.
It is clear from the said statement that the corpus is
staying with her parents of her own free will. The
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Police papers are returned to the learned Additional
Public Prosecutor.
8. We have spoken to the corpus Daxaben in Chambers.
She has admitted that she has married the petitioner
and it was an arranged marriage. She states that on
the occasions when she visited her matrimonial home,
she was subjected to taunts due to the dispute between
the elder brother of the petitioner and his wife, who
is her aunt. She states that she does not want to stay
in the matrimonial home but wants to pursue her
studies. Ever since she came back to her parents’
house, she is pursuing her studies freely. She states
that she is not confined or kept in illegal custody
and is free to go anywhere she pleases. She is
regularly going out and pursuing her studies. The
corpus states that she has completed B.Sc., B.Ed., and
is now desirous of enrolling herself in the M.Sc.
M.Ed. Course.
9. The corpus is aged about twentytwo years and
appears to be mature enough to take her own decisions.
She is very clear that she does not want to go to the
house of the petitioner. She has informed us that a
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customary divorce between her and the petitioner has
taken place in the presence of the village elders,
about two months ago.
10. Be that as it may, the corpus has expressed her
desire to stay with her parents, therefore,
considering that she is an adult, we would permit her
to do as she pleases.
11. As it transpires from the facts and circumstances
of the case that there has been no illegal confinement
of the corpus and she is residing with her parents of
her own free will, nothing further survives for
adjudication in the petition. The corpus has left our
Chambers in the presence of respondents Nos.4 and 9,
her father and uncle respectively.
12. The petition, therefore, stands rejected. Rule is
discharged.
(SMT. ABHILASHA KUMARI, J.)
(A.J. SHASTRI, J.)
piyush
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