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2025 DAILYLAW 6969 (GUJ)

SARVESH KUMAR JANAKSINH YADAV v. STATE OF GUJARAT

SCR.A/15083/2025 · 2025-12-09

D M Vyas, N S Sanjay Gowda

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

R/SCR.A/15083/2025 ORDER DATED: 09/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 15083 of 2025 ========================================================== SARVESH KUMAR JANAKSINH YADAV Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR NIKHIL S VYAS(5663) for the Applicant(s) No. 1 MS HETAL RAO(11178) for the Applicant(s) No. 1 NOTICE NOT RECD BACK for the Respondent(s) No. 2,3,5 NOTICE SERVED for the Respondent(s) No. 4 NOTICE THROUGH SPEED POST NOT RECEIVED BACK for the Respondent(s) No. 5 MS MONALI H. BHATT APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA and HONOURABLE MR.JUSTICE D. M. VYAS Date : 09/12/2025 ORAL ORDER (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA) 1. Sarvesh Kumar Janaksinh Yadav has filed this petition contending that his daughter viz. Neha – fifth respondent is missing and, therefore, the police are required to secure her presence and produce her before the Court. It is also contended that despite complaint being lodged, there has been no action taken by the police. 2. A notice being ordered, Neha appeared before us voluntarily. She submits that she was contacted by the police and was informed that she could appear herself before this Court and accordingly she appeared. 3. She submits that she has married one Shahil Khan on 14th August, 2024 by following Arya Samaj rites. She has placed the copy of the certificate of marriage and also the certificate of Shuddhikaran and R/SCR.A/15083/2025 ORDER DATED: 09/12/2025 contends that her husband had got converted into Hinduism at the time of marriage. She submits that she is living happily with her husband in husband’s house and she has been happily maintained by her husband and family members of her husband. 4. It is not in dispute that Neha is aged 22 years as of now and date of marriage, as stated by her, also indicates that she was major when she got married on 14th August, 2024. Since Neha being major states that she is living with her husband Shahil Khan on her own accord, present petition seeking habeas corpus would not be maintainable. This petition, is therefore, dismissed. We hereby order the petitioner not to disturb the life of the corpus Neha, in any manner. Notice is discharged. (N.S.SANJAY GOWDA,J) (D. M. VYAS, J) MISHRA AMIT V. Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: AMIT VISHNUPRASAD MISHRA(HC00187), Principal Pvt. Secretary, at High Court of Gujarat on 09/12/2025 16:57:06