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2021 Supreme(Guj) 763

SONIA GOKANI, NIRZAR S.DESAI
MUMTAZBANU ALIMIYA PIRSABALI SAIYED – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : MR GULMOHAMMED R QURESHI, MR. JAVED S QURESHI
For The Respondent: MS JIRGA JHAVERI, ADDL. PUBLIC PROSECUTOR

JUDGMENT :

SONIA GOKANI, J.

1. This is a case of interreligious marriage of a young girl with the man who was divorcee. While issuing notice on 08.09.2020, the following order came to be passed by this Court: -

    “1. This is a petition under Article 226 of the Constitution of India seeking writ of habeas corpus preferred by the mother of the corpus who has alleged against respondent nos. 4 to 6. The missing complaint is given to the police, however, the same has not been registered as First Information Report and continued to remain as missing compliant till date.

2. It is the grievance that the respondent no.4 is a married man of 38 years of age and the corpus is barely 21 years of age. The amount of threat perpetrated by the respondent with the help of the authority is narrated in the complaint given to the DSP, Nadiad.

3. Issue Notice returnable on 15.09.2020. Learned APP Mr. Manan Mehta waives service of notice for and on behalf of the respondent – State.

4. The corpus shall be brought before this Court on the scheduled date through video conference to be conducted in the nearest court from where the corpus is found or the Action Taken Report shall be tendered.”

2. On 17.09.2020, the po

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