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2025 DAILYLAW 7395 (GUJ)

ABBAS AHMED ALI SAIYED v. STATE OF GUJARAT

SCR.A/15146/2025 · 2025-12-05

D M Vyas, N S Sanjay Gowda

body2025

Judgment text

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R/SCR.A/15146/2025 ORDER DATED: 05/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 15146 of 2025 ========================================================== ABBAS AHMED ALI SAIYED Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR AJAY L PANDAV(3660) for the Applicant(s) No. 1 NOTICE NOT RECD BACK for the Respondent(s) No. 2,4 NOTICE SERVED for the Respondent(s) No. 3 NOTICE THROUGH SPEED POST NOT RECEIVED BACK for the Respondent(s) No. 4 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 : 05/12/2025 ORAL ORDER (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA) 1. Abbas Ahmed Ali Saiyed has led this petition contending that his daughter Saniya has been illegally conned by the respondent No.4. 2. On notice being served, the State has secured the presence of Saniya and presented her before us. 3. Saniya submits that she is aged 19 years and she had left her house on her own accord. She states that she does not wish to stay with her parents and she should not be compelled to go to her parental house. 4. The petitioner- father of Saniya does not dispute the fact that Saniya is aged 19 years. R/SCR.A/15146/2025 ORDER DATED: 05/12/2025 5. Since Saniya is aged 19 years, it is obvious that she has the right to take a decision regarding her future course of life and the petitioner, i.e. the father of Saniya, cannot demand that she stays with him. 6. We have tried to counsel both of them, but the father of Saniya requested that the custody of Saniya be given to him. Since Saniya is major, obviously, this request of the petitioner cannot be acceded to. Consequently, since Saniya is staying on her own accord at a place of her choice, the prayer in the petition cannot be granted. The petition is DISMISSED. 7. Saniya is at liberty live her life on her own and the petitioner shall not interfere with the life of Saniya in any manner. Sd/- (N.S.SANJAY GOWDA,J) Sd/- (D. M. VYAS, J) OMKAR Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: OMKAR CHHAGANLAL MAHAWAR(HC00201), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 05/12/2025 16:26:42