“She Is Major And Married Wilfully”- Gujarat High Court Refuses To Issue Writ of Habeas Corpus

Hon’ble Gujarat High court rejected the writ petition for the issuance of writ of habeas corpus filed by the mother of the respondent stating therein that her daughter has been abducted and converted to marry person of different religion and she is in illegal custody of that person.

Hon’ble court while rejecting the petition held that “it is clear that daughter of the petitioner is major and she has entered into a marriage with a person of different faith. All the documents produced by the petitioner herself is clear to establish that she is major and entered into a marriage, of course with a person of her choice and not the choice of the parents. On the overall view of this case and the papers annexed with the petition, it cannot be concluded that she has been abducted against her will and she is being illegally confined.”

BRIEF FACTS OF THE CASE

This petition is filed by the petitioner mother praying for Writ of Habeas Corpus as her major daughter went missing according to the case of the petitioner on 05.04.2023 and therefore a Janvajog information was given to Police Station at Ramol, which came to be registered on 07.04.2023. It is averred in the petition along with the documents produced that at their address certain documents were sent in an envelope claimed to be sent by her daughter which contains certificate of marriage performed at Araya Samaj Vaidik Sanskar Trust, Delhi, conversion certificate of Shudhdhikaran whereby Mansuri Adilbhai Mustakbhai is said to have renounced Islam and embraced Hindu Religion without any force, pressure, inducement or influence etc.

Learned counsel for the petitioner stated that the corpus Khushiben was being compelled to get married to a boy of different faith and therefore, it is informed that her life is in danger. However, the said communication is without any contemporaneous record by existing person or any other material based on which it can be believed. Even name of person who is informing is also not mentioned in it and further it was stated that the husband and wife already filed a criminal application before this Hon’ble court seeking protection of the court.

On this contention and after perusing all the records, the Division Bench Comprising Hon’ble Mr. Justice Umesh A Trivedi and Hon’ble Mr. Justice M.K. Thakker made the aforesaid observation and rejected the prayer for issuance of writ of Habeas Corpus.

Case Title:-  Manishaben Mukeshkumar Darji Vs. State of Gujarat

Case no. :-   R/SPECIAL CRIMINAL APPLICATION NO. 5579 of 2023

Order date :- 20.06.2023