Mala Mehbub Ahmed Saeed vs State Of Gujarat

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. This is a petition preferred by the father under Article 226 of the Constitution of India for writ of habeas corpus as according to the petitioner, his daughter had chosen to leave his home under the influence of private respondents.

2. We had issued notice on 29.06.2020 by passing Page 1 of 5 Downloaded on : Sat Jul 25 22:06:46 IST 2020 R/SCR.A/2751/2020 ORDER following order: -

"1. The petitioner is the father of the corpus, who has alleged against the private respondent Nos. 3 to 6 herein of having abducted his daughter, who has barely completed 18 years in the month of March, 2020.

2. According to the petitioner, it was respondent No.3, who, in connivance with respondent Nos. 4 to 6, has taken away the corpus, and therefore, this petition, seeking writ of habeas corpus.

3. We have the learned Advocate, Mr. Majmudar, for the petitioner and perused the material on record.

4. NOTICE, returnable on 7 TH JULY, 2020. Learned APP waives service of rule for the respondent Nos. 1 to 3.

5. Direct service through E-MODE is permitted qua respondent No.2. Let respondent Nos. 3 to 6 be served THROUGH respondent No.2.

6. The corpus shall be produced before us on the next day or the action taken report shall be FILED by respondent No.2, vetted by SP, Chhota Udepur."

3. On 23.07.2020, the respondent no.3 appeared through advocate and also apprehended that the production of the corpus through video conference may be hampered due to Page 2 of 5 Downloaded on : Sat Jul 25 22:06:46 IST 2020 R/SCR.A/2751/2020 ORDER some unwarranted and unauthorized act on the part of the petitioner and his family. Availing the protection to the corpus and her husband, they had been given option to remain present either in the City Court or in the District Court at Ahmedabad.

4. Today, through video conferencing arranged from the chamber of learned Judge, City Civil Court, Ahmedabad the corpus is presented. Learned Presiding Officer has also ascertained from her that she has no threat from the in-laws or from anyone and whether she was pressurized by anyone to speak what she conveyed. In her conversation with us, she has insisted on joining the husband and in-laws, though repeatedly she was inquired whether she would like to join the parents. She categorically denied to join the parents or to meet them personally. The parents also have joined through video conference and had directly conversed with the corpus, however, she insisted on joining her husband, Respondent no. 3.

5. Considering the fact that she is a major and already Page 3 of 5 Downloaded on : Sat Jul 25 22:06:46 IST 2020 R/SCR.A/2751/2020 ORDER married to respondent no.3 who with his family - respondent no. 4 to 6 also are represented through learned advocate Mr. Rana and learned advocate Mr. Shastri for the Respondent husband and parents, have urged for the best possible assistance for the corpus and her in laws. The applicant - father and mother of the corpus who joined through video conference have been made to understand that the respondent no.3 also since belongs to the very cast and religion, amicably the parties can choose to bury their hatchets and end the disputes peacefully, however, it appears that the families on both the sides are not as yet ready, may be in future, attempts can be made and if they so require, the mediation center of any of the District Courts can also help them sitting together.

6. For now, let the corpus join respondent no.3 and her in- laws being and being adult and having married to him on her own will and wish and being his legally wedded wife. There is question of her being termed in illegal custody.

7. To the apprehension which had been shown yesterday Page 4 of 5 Downloaded on : Sat Jul 25 22:06:46 IST 2020 R/SCR.A/2751/2020 ORDER by learned advocate Mr. Rana which had been directed to be addressed by Assistant Police Commissioner Mr. Solanki, if they continue to reside in Ahmedabad, concerned Assistant Police Commissioner shall ensure providing the necessary protection to them, although, learned advocate Mr. Majmudar has ensured that no attempt shall be made to overreach the process of law.

8. With this, the present petition is being disposed of with our appreciation for the assistance rendered by Mr. Prashant Raval, learned Judge, City Civil and Sessions Court, Ahmedabad in conducting the matter through video Conferencing.

(SONIA GOKANI, J) (N.V.ANJARIA, J) MISHRA AMIT V./Bhoomi Page 5 of 5 Downloaded on : Sat Jul 25 22:06:46 IST 2020