R/SCR.A/5235/2025 ORDER DATED: 21/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 5235 of 2025 ================================================================ ASHISH RAMESHBHAI BERADIYA Versus STATE OF GUJARAT & ORS. ================================================================ Appearance: MR. KAIVAL D. PATEL, ADVOCATE for KARTIKKUMAR G BAROT(9453) for the Applicant(s) No. 1 MR.L.B.DABHI, APP, for the Respondent(s) No. 1 MR.Y.J.PATEL, for the Respondent Nos.3 and 4 ================================================================ CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE and HONOURABLE MR. JUSTICE SAMIR J. DAVE Date : 21/04/2025 ORAL ORDER (PER : HONOURABLE MR. JUSTICE A.Y. KOGJE) 1. This petition is filed by the petitioner for following reliefs:- “(A) The Honourable Court may be pleased to issue a writ of Habeas Corpus or any other appropriate writ, order OT direction, directing the respondents to produce respondent no.4 Snehakumari Bharatkumar Solanki, before this Honourable court and be further pleased to pass appropriate and further orders setting her at liberty; (B) Pending admission, hearing and final disposal of this petition, the Honourable Court may be pleased to direct the respondents to produce Snehakumari Bharatkumar Solanki, before this Honourable Court.” 2. Learned advocate Mr. Y.J. Patel has instructions to appear on behalf of respondent Nos.3 and 4 and is permitted to file his Vakalatnama. Page 1 of 3 R/SCR.A/5235/2025 ORDER DATED: 21/04/2025 3. The corpus was brought before the Court previously on 11.04.2025 when the Court has recorded specifically in para-1 that the petitioner and the corpus were residing together as husband and wife and had entered into matrimonial relationship which is evidenced by certificate of marriage ceremony issued at Ahmedabad by the religious priest. A copy of which is placed at Annexure-A and marriage certificate on page-25. The date of birth of the corpus is 04.01.2006 and she has studied upto 12th standard. 3. It is recorded that under the garb of maintaining good relationship between the families after the petitioner and the corpus eloped and residing together, the corpus was taken by her parents to her parental home, but thereafter, did not permit her to return back to her matrimonial home, because of which the present petition has been filed. 4. The Court had adjourned the matter continuing the custody of the corpus with her parents as she needed sometime to take her decision on her own. 5. Today, once again as per the order dated 11.04.2025, the corpus is brought before the Court and she has stated before the Court that she had resided with her parents and during her stay there there was no incident of mistreatment or any pressurizing. The Court has thereafter, interacted with the corpus and she has demonstrated her desire to keep both sides happy in the sense the petitioner whom she treats to be her husband and her parents and therefore, the Court thereafter, permitted the corpus to interact with the petitioner for some time and thereafter, ascertained the wishes of the corpus and she has stated that she would like to go with the R/SCR.A/5235/2025 ORDER DATED: 21/04/2025 petitioner voluntarily as she has already accepted him as her legally wedded husband. Her hesitation to join him was only on account of her parents conveying to her that it would not be in a good test in their community and society, if she elopes and gets married to the petitioner and therefore, she was withholding her desire on which she has voluntarily expressed, not only before the Court, but also in front of the respective advocates. 6. The corpus, being major and literate, is permitted to join the company of person of her choice and in the present case, she has made declaration to go with the petitioner. 7. In view of the aforesaid declaration made by the corpus, the petition stands allowed to the aforesaid extent. 8. At this stage, the petitioner has raised a concerned over the safety and security as the girl has decided to go with the petitioner and therefore, it is provided that Salamati Shakha, Gujarat High Court to provide safety and safe passage to the petitioner and the corpus through Sola High Court Police Station. A copy of the order be provided to learned APP for its compliance. (A.Y. KOGJE, J) (SAMIR J. DAVE,J) SIDDHARTH Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: SIDDHARTH R DAVE(HC01065), Private Secretary, at High Court of Gujarat on 21/04/2025 14:50:11