R/SCR.A/9557/2025 ORDER DATED: 14/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 9557 of 2025 ========================================================== RABARI DHAVALBHAI RASHIKBHAI Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR MJ MEHTA(5797) for the Applicant(s) No. 1 MR YASH K SHAH(11352) for the Applicant(s) No. 1 MS JIRGA JHAVERI APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR.JUSTICE P. M. RAVAL Date : 14/07/2025 ORAL ORDER (PER : HONOURABLE MR. JUSTICE ILESH J. VORA) 1. We have heard Mr. M. J. Mehta, Ms. Jirga Jhaveri and Mr. Vijay Nagesh for the respective parties. 2. By way of this application, the applicant being a husband is seeking custody of respondent no. 4, who is illegally detained by the respondents family against her wish and will. 3. It is reported by the State that respondent no. 4 is brought before this Court by Harij Police Station, Dist.: Patan. Page 1 of 3 R/SCR.A/9557/2025 ORDER DATED: 14/07/2025 4. We made the inquiry and upon inquiry of respondent no. 4, it appears that, she married on 30.06.2025 with the applicant on her own wish and will and left the parental house and lived with the applicant. Thereafter, on or about 04.07.2025, the father along with other family members arrived at the applicant’s residence and took the respondent no. 4 with them. Before us, the respondent no. 4, aged about 20 years, expressed her willingness to go with the applicant and she was unlawfully confined and detained. 5. The respondents parents have engaged the lawyer and in their presence the corpus expressed her willingness to accompany her husband applicant. 6. Having regard to the peculiar facts and circumstances of the present case, as referred above, we are of the view that, the applicant and respondent no. 4 being husband and wife, are entitled to live together and the respondents parents have no right to detain and wrongfully confine the respondent daughter against her will and wish. 7. Accordingly, petition is allowed. The respondent no. 4 be set at free and permitted to accompany the applicant husband. The Harij Police is directed to protect the safety and liberty of the applicant and p. 2 R/SCR.A/9557/2025 ORDER DATED: 14/07/2025 respondent no. 4 and do the needful that the parties will safety reach their home and try to see that, no untoward incident will be happened. 8. With this observation and direction, present application stands disposed of. Learned APP shall inform the concerned police station about the passing of this order. Direct service permitted. (ILESH J. VORA,J) (P. M. RAVAL, J) P.S. JOSHI p. 3 Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 14/07/2025 16:37:02