Bhavsar Girishkumar Gangaram vs State Of Gujarat

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI) Rule. Learned APP waives service of rule for the respondents.

1. This is a petition under Article 226 of the Constitution of India, seeking writ of habeas corpus or any other appropriate writ or direction for production of the daughter of the petitioner-father, who, according to him is illegally confined by respondent No.4.

2. We have heard the learned Advocate, Mr. Barejia, appearing with learned Advocate, Ms. Mishra, and learned APP, on advance notice.

3. We notice that the corpus is aged 18 years and 3 months and she also has tendered an application to the Khadia Police Station that she has, on her own volition, chose to marry the respondent-Nilesh Mehta and the certificate of Registration of Marriage, Dated: 04.07.2020, has also been sent to the concerned police station, which also forms the part Page 1 of 2 Downloaded on : Sun Aug 30 17:24:21 IST 2020 R/SCR.A/3850/2020 ORDER of the record, it is insisted that nothing has been taken from the parental house and no illegal action should be initiated against them without hearing her.

4. On the part of the father, there is two-fold grievance, i.e. firstly, (1) Nilesh Mehta is aged 40 years and therefore, she may have been possibly lured by him and secondly, the parents are have not seen her, since, she left. Therefore, there is a deep concern about her well-being.

5. In wake of the fact that the corpus is 18 years old and she also has given an application to the Khadia Police Station along with the certificate of Registration of Marriage, making it abundantly clear that it is her choice marriage, although, she may not get the stamp of approval of her parents, when the law does not forbid such marriages and as the rituals of marriage have culminated into issuance of marriage certificate, we see no reason to even issue notice in this matter and to call corpus before this Court. The corpus being with her spouse, i.e. respondent No.4, she cannot be said to be in illegal confinement. However, noticing the deep concern on the part of her parents, we have requested the learned APP, Ms. Jhaveri, to coordinate with the police officer in-charge of the Khadia Police Station, who shall arrange an E-meeting of the parents with the corpus by way of video conference. Let the same be done within a period of ONE WEEK, from the date of receipt of a copy of this order.

(SONIA GOKANI, J) (N.V.ANJARIA, J) MISHRA AMIT V./UMESH Page 2 of 2 Downloaded on : Sun Aug 30 17:24:21 IST 2020