Gujarat High Court
Chaudhary Ketankumar Ramjibhai vs State Of Gujarat & on 16 October, 2015
Bench: M.R. Shah, K.J.Thaker
R/SCR.A/5584/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 5584 of 2015
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CHAUDHARY KETANKUMAR RAMJIBHAI....Applicant(s)
Versus
STATE OF GUJARAT & 10....Respondent(s)
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Appearance:
MR. YOGENDRA THAKORE, ADVOCATE for the Applicant(s) No. 1
MR PRATIK B BAROT, ADVOCATE for the Respondent(s) No. 5 , 8 , 11
NOTICE SERVED for the Respondent(s) No. 4 , 6 7 , 9 11
MR HIMANSHU K PATEL, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
and
HONOURABLE MR.JUSTICE K.J.THAKER
Date : 16/10/2015
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH) [1.0] By way of this petition under Article 226 of the Constitution of India, the petitioner claiming to be the husband of the corpus for an appropriate writ of Habeas Corpus alleging inter alia that corpus Punam, daughter of Ishwarbhai is in illegal confinement of respondent Nos.5 to 11 against her will and wish.
[2.0] When the present petition was heard by this Court on 12.10.2015, respondent Nos.5 to 11 appeared through their advocate. Corpus Punam was also produced before this Court. Petitioner was also personally present in the Court along with his Advocate Shri Yogendra Thakore. On 12.10.2015, corpus Punam made a categoric statement before the Court that though she had married with the petitioner, for some unavoidable circumstances and other reasons, she is not ready and willing to go and stay with the petitioner and she wants to stay at her parental house. She also stated that she is desirous to give even divorce to the petitioner. Therefore, this Court adjourned the matter to today with following order.
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R/SCR.A/5584/2015 ORDER
"1. In response to the notice issued by this Court, respondents no. 5 to 11 have appeared through their learned advocate Mr. Pratik Barot. Corpus Punam is also produced before this Court. The petitioner is also personally present in the Court along with his learned advocate Mr. Yogendra M. Thakore. Even the parents of corpus Punam and her maternal uncle Ishwarbhai are present. Corpus Punam admits that, both, the petitioner and herself have got married, however, for some unavoidable circumstances and other reasons, she is not ready and willing to go and stay with the petitioner and she wants to stay at her parental house. She is also desirous to give even divorce to the petitioner.
2. In view of above, the petitioner, who is personally present in the Court, has stated that, if the corpus does not want to stay and reside with the petitioner and wants divorce, in that case, the petitioner is also agreeable to give divorce, both, customary as well as in the Court. Learned advocate Mr. Pratik Barot appearing for respondents no. 5 to 11, under the instructions from his clients, has also stated that in view of above, they are ready and willing to withdraw the complaint/FIR.
3. At the request of learned advocates appearing for the respective parties, S.O. to 16.10.2015, so as to enable the parties to place on record the customary divorcedeed and concerned joint petition for divorce to be placed/filed before the concerned Family Court.
S.O. to 16.10.2015."
[3.0] Today when the present petition was taken up for further hearing, initially Shri Pratik Barot, learned advocate appearing on behalf of the respondent Nos.5 to 11 produced an affidavit affirmed by the corpus Punam in which it is stated that due to unavoidable circumstances between her, her family and the petitioner herein, today she is not ready and willing to stay with the petitioner anymore and in view of such development, she wishes to stay at her parental house from now onwards. The affidavit which has been affirmed at about 2 p.m. today is selfexplanatory. Even the petitioner also filed the affidavit before this Court affirmed by him that in view of the above, he undertakes to sign a customary divorce deed and cooperate the corpus Punam seeking divorce from the concerned Court. Both the affidavits are directed to be Page 2 of 3 HC-NIC Page 2 of 3 Created On Sat Oct 17 00:04:37 IST 2015 R/SCR.A/5584/2015 ORDER taken on record. However, thereafter when the matter was taken in camera, the Corpus Punam turned down and stated which is contrary to what she had stated earlier and what she had stated in the affidavit which is affirmed before the Registrar of this Court at 2 p.m. today. She has categorically stated that she wants to go and stay with the petitioner and she does not want to go with her parents and even with her maternal uncle.
[4.0] In view of the above, it appears that for whatever reasons at present the corpus is not in a position to take a firm decision and she seems to be under some fear. Under the circumstances, we deem it proper and fit and in the larger interest of the corpus to send her to Vikas Gruh, Paldi where she can think coolly and take her own decision and disclose the same before this Court on the next date of hearing. Under the circumstances, stand over to 21.10.2015 at 2.30 p.m. In the meantime, the corpus Punam be sent to the Vikas Gruh, Paldi. The Superintendent, Vikas Gruh, Paldi is directed to see that nobody is permitted to meet the corpus i.e. either the petitioner and/or even family members of the corpus including her parents and maternal uncle. She shall be produced before this Court on 21.10.2015 at 2.30 p.m. Sd/ (M.R. SHAH, J.) Sd/ (K.J. THAKER, J.) Ajay Page 3 of 3 HC-NIC Page 3 of 3 Created On Sat Oct 17 00:04:37 IST 2015