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SCR.A/81220/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 812 of 2010
=========================================================
SUHAGKUMAR
DAHYABHAI CHAUDHARI - Applicant(s)
Versus
STATE
OF GUJARAT & 5 - Respondent(s)
=========================================================
Appearance
:
MR
BS BRAHMBHATT for
Applicant(s) : 1,
MR LR PUJARI, APP for Respondent(s) : 1,
None
for Respondent(s) : 2,
DS AFF.NOT FILED (R) for Respondent(s) :
3,
RULE NOT RECD BACK for Respondent(s) : 4 -
6.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 03/05/2010
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE JAYANT
PATEL)
1.
The present petition is preferred by the petitioner husband to set
his wife Dipikaben free on the allegation that she has been
wrongfully detained by her parents.
2. Pursuant
to the earlier order passed by this Court, corpus Dipikaben is
present with Shri T.R.Rathava, Police Sub-Inspector, Vasai Police
Station.
3.
We have inquired about the desire of corpus Dipikaben. She has
declared before us that she had voluntarily gone with the boy but now
she is not desirous to stay with the petitioner husband. It has also
been stated that she was not wrongfully confined by the parents and
she has desirous to stay with the parents.
4.
The father of the corpus Dipikaben, Shri Ramsangbhai Chaudhari is
present and he has stated that if Dipikaben is desirous to stay with
him, he has no objection.
5.
The aforesaid is explained to the petitioner with his learned
advocate Mr.Brahmbhatt. After discussion by the corpus Dipikaben and
the petitioner, it is agreed by both in presence of parents of the
corpus Dipikaben as well as in presence of father of petitioner Shri
Dahyabhai Chaudhari that, if the girl is not desirous to stay with
her husband, they are also desirous to have divorce as per the
custom, and corpus Dipikaben in presence of her father has declared
before us that they are also agreeable for divorce and they shall not
claim any maintenance from the petitioner.
6. Learned
advocates Mr.Brahmbhatt as well as Mr.Tushar Chaudhari for
respondents No.4, 5 and 6 states that a customary divorce deed shall
be prepared and the same shall be signed by the petitioner corpus as
well as the witnesses within period of 15 days from today. They have
also stated that the aforesaid documents shall be notarised before
any Public Notary.
7. In
above view of the matter, we set corpus Dipikaben free. She shall be
at liberty to stay with her parents. The parties are directed to act
as per the declaration made before this Court. It is also observed
that, in case of any of the parties has filed complaint before any
authority, the concerned Police Inspector shall produce the copy of
this order before the concerned authority.
8.
The petition is disposed of accordingly. Rule is made absolute.
(JAYANT
PATEL, J.)
(Z.K.
SAIYED, J.)
syed/
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