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SCR.A/565/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 565 of 2010
=========================================================
NIKETA
RAHUL NAIK, THRO' RAHUL CHANDUBHAI NAIK - Applicant(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance
:
MR
AMIT N CHAUDHARY for
Applicant(s) : 1,
MS ML SHAH, APP for Respondent(s) : 1,
NOTICE
NOT RECD BACK for Respondent(s) : 2 - 3.
NOTICE SERVED for
Respondent(s) : 4,
NOTICE UNSERVED for Respondent(s) :
5,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 11/08/2010
ORAL
ORDER
Leave
to amend the cause title.
Petitioner
is daughter of respondent No.4. She is stated to be 22 years of
age. She has married to one Rahul Naik out of her own choice.
Marriage certificate is also produced. It is the case of the
petitioner that her father is pressurizing her to return since he is
not happy about the marriage. The petitioner has therefore prayed
that the authorities should not take false complaint of respondent
No.4 on record and should not entertain the same. It is prayed that
fundamental rights of the petitioner be safeguarded. The prayer is
worded in a very wide sense and cannot be granted in the form in
which it is prayed. However, it is apparent that the petitioner has
willingly left her father’s house and married Rahul Naik. Counsel
for respondent No.4 also stated that she had returned to her
father’s house for a brief period before joining again to her
husband. This itself would indicate that the petitioner is under no
constraint from the boy or her relatives and if she has decided to
get married on her own, being of marriageable age, her father
cannot raise objection. It is stated that that she is already
pregnant. The police authorities shall ensure that no harassment is
caused to the petitioner on any flimsy or frivolous complaint.
With
above observations, the petition is disposed of.
Direct
service.
(Akil
Kureshi, J.)
(vjn)
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