Gujarat High Court
Firojaben Babubhai Sumra vs State Of Gujarat on 8 March, 2022
Author: Sonia Gokani
Bench: Sonia Gokani
R/SCR.A/1993/2022 ORDER DATED: 08/03/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 1993 of 2022
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FIROJABEN BABUBHAI SUMRA
Versus
STATE OF GUJARAT
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Appearance:
DENISH V MAVADHIYA(9207) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS JIRGA JHAVERI, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 08/03/2022
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. This is a petition with the following reliefs:-
"(a) Your Lordships may be pleased to allow and admit this petition;
(b) Be pleased to issue a writ of habeas corpus or any other appropriate writ order or directions and pleased to direct the concerned police authorities i.e. respondent no.2 as well as respondent no.3 to produce the petitioner's daughter Yasminben (corpus) before this Honorable Court;
(c) Be pleased to pass such other order and further order or orders as may be deemed fit and proper in the interest if justice."
2. This Court on 23.02.2022 passed the following order:-
"Pursuant to the order passed by this Court on 21.2.2022, learned APP has produced the report of Police Inspector, Mr. J.J.Chaudhary of Amreli City Police Station. The CCTV camera footage is indicative Page 1 of 3 Downloaded on : Wed Mar 09 21:57:15 IST 2022 R/SCR.A/1993/2022 ORDER DATED: 08/03/2022 that the girl has gone with Mr. Bharat Parmar - respondent No.3. It can be assumed considering her marital history that they liked each other for a long time. She, after her engagement was broken, was married off at Bhagasara, where also the divorce took place. Once again, her engagement was made, which also she does not want to respect, possibly out of her keen desire to marry Bharat Parmar - respondent No.3. In such circumstances, the details provided by Mr. J.J. Chaudhary, PI, in his report would lead us only to direct the recording of version of the Corpus without issuance of notice. We could place this matter on 8.3.2022.
In the meantime, they can obtain her statement. If the statement comes early, we permit, learned APP to make a request for early hearing of the matter.
We could also notice from various statements recorded by the police that inter-religious or inter- faith love affair of these two, the society was disapproving and that appears to be the reason to elope from their ordinary place of residence.
Report to be made part of the record."
3. The Unarmed Police Constable, Amreli City Police Station has today also tendered a report dated 06.03.2022 which clearly reflects that the mother of the corpus who is the petitioner herein has received a phone call from the mobile number 7778099390 on her number 9825938803. The girl has made it very clear that she want to marry Bharat and the insistence on the part of the mother was that he should change his religion and adopt Islam to which the boy has not consented. However, when they both are determined to marry each other, the Special Marriage Act provides an answer to Page 2 of 3 Downloaded on : Wed Mar 09 21:57:15 IST 2022 R/SCR.A/1993/2022 ORDER DATED: 08/03/2022 this for both of them to decide.
4. This no longer remains an issue for the Court to further pursue the matter. Noticing the fact that she is safe and left the home with an understanding that she wants to marry the boy and this being an interfaith marriage, the police also can guide if the spouses require any help.
5. Taking this report on record, the petition stands disposed of.
(SONIA GOKANI, J) (MAUNA M. BHATT,J) Bhoomi Page 3 of 3 Downloaded on : Wed Mar 09 21:57:15 IST 2022