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Shravansinh Vardhisinh Rajput vs State Of Gujarat on 20 July, 2021

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R/SCR.A/5686/2021 ORDER DATED: 20/07/2021

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION NO. 5686 of 2021

SHRAVANSINH VARDHISINH RAJPUT
Versus
STATE OF GUJARAT

Appearance:
MR KAASH K THAKKAR(7332) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3,4
MR.HARDIK BHARHMBHAT(3741) for the Respondent(s) No. 1
MR RONAK B RAVAL, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1

CORAM:HONOURABLE MR. JUSTICE R.M.CHHAYA
and
HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 20/07/2021
ORAL ORDER

(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)

1. By way of this petition under Article 226 of
the Constitution of India, the petitioner has
prayed for a writ of Habeas Corpus directing
the respondents to produce the wife-Ranjanben
and 3 minor children, namely, Harshita,
Vishvajit and Rudra.

2. Heard Mr. Kaash K. Thakkar, learned advocate
for the petitioner, Mr. Ronak B. Raval,
learned Additional Public Prosecutor for the
respondents and Mr. Hardik Brahmbhatt, learned
advocate for the Corpus – Ranjanben.

3. Corpus – Ranjanben was produced before us
through Video Conferencing along with 3 minor
children, namely, Harshita, Vishvajit and
Rudra from the City Civil Court, Ahmedabad on

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R/SCR.A/5686/2021 ORDER DATED: 20/07/2021

30.6.2021. We have interacted with the Corpus-
Ranjanben on the said date of hearing and she
clearly mentioned before us that she is
independent as far as income is concerned and
that she has her own business. She
categorically stated before us that she does
not desire to join the present petitioner i.e.
the husband. She also assured this Court that
she has capacity to maintain herself as well
as 3 children who are admittedly minor.

4. As per the order dated 30.6.2021, Corpus –

Ranjanben along with 3 minor children, namely,
Harshita, Vishvajit and Rudra are present
before us through Video Conferencing from the
chamber of Mr. Zibba, Secretary, DLSA,
Banaskantha at Palanpur. Corpus – Ranjanben
has filed an affidavit which is taken on
record. It is stated in the said affidavit
that the Corpus – Ranjanben is trading
Rajasthani dresses and selling sarees and
according to the affidavit, she earns
Rs.40,000/- per month. Though the learned
advocate for the appellant orally denied the
fact of earning of Rs.40,000/- per month, we
again thought it fit to know the wish of the
Corpus – Ranjanben. She has, in no uncertain
terms, reiterated her stand and has stated
before us in presence of all the learned
advocates that she desires to stay alone with

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3 minor children. As far as wish of the
Corpus-Ranjanben is concerned, she is
permitted to act as per her own wish. 3 minor
children, namely, Harshita, Vishvajit and
Rudra are also produced before us by Ranjanben
who happens to be their mother – her natural
guardian and therefore, prima facie, we are of
the opinion that 3 minor children are not in
illegal confinement of Corpus – Ranjanben. If
at all the fact remains that the Corpus-
Ranjanben is mother of 3 minor children and
even as per the provisions of the Guardians
and
Wards Act, 1890, as far as minor children
are concerned, in absence of any such material
on record, it cannot be said that the custody
by mother would in any manner constitute
illegal confinement. Keeping the right of the
petitioner open to ventilate his grievance
about the custody of 3 minor children under
relevant provisions of law, this Court is of
the opinion that the custody of 3 minor
children, namely, Harshita, Vishvajit and
Rudra with their mother Corpus – Ranjanben is
not an illegal confinement even considering
the welfare of the children.

5. The Corpus – Ranjanben is permitted to act as
per her own wish and the custody of the
Corpus-Ranjanben along with 3 minor children,
namely, Harshita, Vishvajit and Rudra shall

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continue with her subject to right of the
petitioner to avail any other remedy available
under the law. The police authorities shall
provide adequate security to Ranjanben as well
as 3 minor children, namely, Harshita,
Vishvajit and Rudra and shall drop her along
with 3 minor children to her temporary place
of residence at Ahmedabad. Mr. Ronak B. Raval,
learned Additional Public Prosecutor shall
communicate this order to the police
authorities present in the Court premises.
Order accordingly.

6. In view of the aforesaid, no prayers as prayed
for can be granted. It is clarified that the
observations made in this order are only for
the limited purpose of this petition under
Article 226 of the Constitution of India.
Accordingly, the present petition stands
dismissed. Notice discharged. However, there
shall be no order as to costs.

7. Services rendered by Mr. Zibba, Secretary,
DLSA, Banaskantha at Palanpur is highly
appreciated.

(R.M.CHHAYA, J)

(NIRZAR S. DESAI,J)
Maulik

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