R/SCR.A/13147/2025 ORDER DATED: 10/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 13147 of 2025 ================================================== RAJ KUMAR RAJESH KAHAR Versus STATE OF GUJARAT & ORS. ================================================== Appearance: MR MATAFER R PANDE(3952) for the Applicant(s) No. 1 NOTICE NOT RECD BACK for the Respondent(s) No. 2,3,4,5 MS.JIRGAJHAVERI, APP for the Respondent(s) No. 1 ================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA and HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI Date : 10/10/2025 ORAL ORDER (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA) [1] This petition is filed by Raj Kumar Rajesh Kahar contending that Sonalben Bhaveshbhai Vasava is under the illegal confinement of respondent Nos.3 to 5 and is required to be set free. [2] Notices were ordered of this petition and pursuant thereto, the State has procured Sonalben Bhaveshbhai Vasava and presented her before us. We have interacted with her, and she informs us that she was residing with her maternal grandmother against her wish and that she does not wish to stay with her any further. We were also informed that the custody of her elder son Kenish was taken by the 5th respondent against her will and that she had been residing with her elder son for the past four to five years at Uttar Pradesh. Page 1 of 3 R/SCR.A/13147/2025 ORDER DATED: 10/10/2025 [3] In light of the said statement, we directed the 5th respondent to be present before this court, and accordingly, the police have secured the presence of the 5th respondent. [4] After interacting with the 5th respondent, who had married to the petitioner and when it was put to him that his son through Sonaliben was in her custody the past couple of years, he agreed to voluntarily hand over custody of Kenish to the corpus. He however stated that liberty should be reserved to him to seek custody of Kenish through the due process of law. [5] During our interaction, it is also forthcoming that Kenish is deaf and dumb. Sonalben Bhaveshbhai Vasava states before us that Kenish has been undergoing treatment in Uttar Pradesh for the past several months and that she is taking care of the special interests of Kenish. [6] In view of the above, the corpus is permitted to take the custody of her elder son Kenish, but this would be subject to the right of the 5th respondent to initiate proceedings seeking custody of Kenish. The corpus submits that she would not like to remain in the custody of her maternal grandmother and that she wishes to stay on her own volition with the petitioner. Since the corpus is a major and the mother of two children, we find no reason to force her to stay with her grandmother, and she would be at liberty to stay with any person of her chose, including the petitioner. Page 2 of 3 R/SCR.A/13147/2025 ORDER DATED: 10/10/2025 [7] We accordingly dispose of the writ petition, permitting the petitioner to reside at any place of her choice. We also record the undertaking of the 5th respondent regarding handing over the custody of his son Kenish to the petitioner, which would be subject to the result of any proceedings that may be initiated before the Family Court by him. (N.S.SANJAY GOWDA, J.) (UTKARSH THAKORBHAI DESAI, J.) DHARMENDRA KUMAR Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: KUMAR DHARMENDRA(HC01071), GOV, at High Court of Gujarat on 13/10/2025 16:31:08