Gujarat High Court Case Information System
Print
SCR.A/295/2011 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 295 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE A.L.DAVE
HONOURABLE
MR.JUSTICE R.M.CHHAYA
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
PAGI
SUNILKUMAR NAVALJI - Applicant(s)
Versus
STATE
OF GUJARAT & 6 - Respondent(s)
=========================================
Appearance :
MS
SNEHA A JOSHI for
Applicant(s) : 1,
Mr D C SEJPAL, APP for Respondent(s) : 1,
NOTICE
NOT RECD BACK for Respondent(s) : 2 - 5.
None for Respondent(s) :
6,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE R.M.CHHAYA
Date
: 25/02/2011
ORAL
JUDGMENT
(Per
: HONOURABLE MR.JUSTICE R.M.CHHAYA)
1. RULE.
Mr. D.C.Sejpal, learned APP waives service of notice of rule for the
respondent-State.
2. Corpus,
Payalben is brought by her uncle, Mr. Vijaybhai who happens to be Fua
of corpus Payalben.
3. The
present petition is filed by Mr. Pagi Sunilkumar Navalji under
Article 226 of the Constitution of India and has prayed for writ of
habeas corpus directing the respondents to produce corpus Payalben,
who happens to be the wedded wife of the petitioner. This court
(Coram: A.L.Dave and V.M.Sahai, JJ), vide order dated 10.02.2011, was
pleased to issue notice making it returnable on 24.02.2011.
4. It
transpires from the record that corpus Payalben is eighteen years and
four months old. We have ascertained the wish and will of corpus
Payalben and in clear and strong words, she expressed her willingness
to stay with her husband, the present petitioner, Sunilkumar.
5. It
is also worthwhile to note that corpus Payalben has expressed her
desire, as aforesaid, even in presence of her mother, Manguben,
uncle, Ranjitbhai and uncle (fua), Vijaybhai.
6. We
have also examined the record of the petition. The petitioner and the
corpus have married on 12.01.2011 and registration of the same has
also been made and their marriage is registered under the Gujarat
Registration of Marriages Act, 2006, before the competent authority
on 13.01.2011.
7. Respondent
No. 7 is hereby directed to provide protection to the petitioner and
corpus Payalben till they reach Modasa.
8. In
view of above, the present petition deserves to be allowed. Rule is
made absolute accordingly.
[A.L.DAVE,
J.]
[R.M.CHAYYA,
J.]
JYOTI
Top