R/SCR.A/9961/2025 ORDER DATED: 01/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 9961 of 2025 ========================================================== BHAGIRATHSINH NUPRASINH RATHOD Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR KAMLESH S KOTAI(6150) for the Applicant(s) No. 1 MS JIRGA JHAVERI APP for the Respondent No. 1 MR RASHMIN MAKWANA for respondent no. ========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR.JUSTICE P. M. RAVAL Date : 01/08/2025 ORAL ORDER (PER : HONOURABLE MR. JUSTICE ILESH J. VORA) 1. We have heard Mr. Kamlesh Kotai, Mr. Rashmin Makwana and Ms. Jirga Jhaveri for the respective parties. 2. By way of this application, the applicant being a father of corpus – Namrata Kumari is seeking custody of her daughter, who is illegally detained by her husband against her wish and will. 3. It is reported by the State that corpus is brought before this Court by Idar Police Station, Dist.: Sabarkantha. 4. We made the inquiry and upon inquiry of corpus, it appears that, she got married on her own wish and R/SCR.A/9961/2025 ORDER DATED: 01/08/2025 will and left the parental house and lived with his husband. Before us, the corpus, aged about 24 years, expressed her willingness to go with her husband and stated that she was not unlawfully confined and detained. 5. Having regard to the peculiar facts and circumstances of the present case, as referred above, we are of the view that, the corpus is major and is entitled to live together with her husband and the corpus is not detained illegally and wrongfully confined by her husband against her will and wish. 6. Accordingly, petition is rejected. The corpus be set at free and permitted to accompany the husband. The Idar Police is directed to protect the safety and liberty of the corpus and her husband and do the needful that the parties will safely reach their home and try to see that, no untoward incident will happen. 7. 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 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 01/08/2025 12:41:16