R/SCR.A/13163/2025 ORDER DATED: 29/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 13163 of 2025 ========================================================== VIJAYJI POPATJI RATHOD Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: KUMAR H TRIVEDI(9364) for the Applicant(s) No. 1 PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR.JUSTICE P. M. RAVAL Date : 29/09/2025 ORAL ORDER (PER : HONOURABLE MR. JUSTICE ILESH J. VORA) 1. This petition is filed under Article 226 of the Constitution of India, seeking issuance of writ of Habeas Corpus for production and release of respondent no. 4, who has been illegally confined by his father respondent no. 5 at Tana, Tal.: Kankrej, Dist.: Banaskantha against her will and in violation of her fundamental rights. 2. We have heard learned counsel Mr. Kumar Trivedi and Additional Public Prosecutor Mr. Pranav Dhagat for the respondent State on advance copy and the concerned police officials present with the custody of corpus. Admittedly the corpus is 24 years old and before filing of this petition, she had lived with petitioner as per the facts mentioned in the petition. 3. We have personally inquired from the corpus about her will and R/SCR.A/13163/2025 ORDER DATED: 29/09/2025 wish and whether she has been illegally confined by her parents or not. The corpus in the presence of respondents – parents have stated that, she had lived with the petitioner for some time and now she does not want to live with the parents. The mother respondent requested the victim to change her decision, but the corpus was firm in her decision to accompany the petitioner. In such circumstances in our opinion, the corpus being a mature person has all the right to live with her choice of partner. 4. Thus, having regard to the peculiar facts and circumstances of the present case, in order to protect the individual liberty, the case is made out for issuance of necessary relief, as prayed for. 5. Accordingly, petition is allowed. The respondent no. 4 be set at free and permitted to accompany the petitioner. The concerned Police is directed to protect the safety and liberty of the petitioner and respondent no. 4 and do the needful that the parties will safely reach their destination and see that no untoward incident be happened. 6. 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 29/09/2025 15:29:52