A writ of Habeas Corpus is not warranted when the individual is confirmed to be residing voluntarily and not under illegal confinement.

ORDER :

(A.Y. KOGJE, J.)

1. This petition is filed for the following reliefs :

“(a). This Hon’ble Court may be pleased to issue a writ of Habeas Corpus or a writ in the nature of habeas corpus or any other appropriate writ, order or direction directing respondents to produce the corpus before this Hon’ble Court and further be pleased to handover the custody of the corpus to the petitioner;

(b) During the pendency and final disposal of the present petitioner, this Hon’ble Court may be pleased to direct the respondents to produce the corpus before this Hon’ble Court.

(c) Direct the police authorities to act in accordance with law

(d) xxx ….. xxx …..xxx;”

2. The petitioner before the Court is the husband apprehending that the corpus is in illegal confinement of her parents. This Court had issued notice by order dated 18.02.2025. In response to which, learned advocate Mr. S. A. Kadri appeared on behalf of the corpus and submitted that the corpus viz. Sharon Master has taken up job and is presently working and residing at Armenia out of her own volition.

3. With the consent of all the parties, the corpus was directed to appear through video conferencing. The necessary arrangements of issuing link to the corpus was organized through the officer of the IT Cell, Gujarat High Court.

4. Accordingly, the court has interacted with the corpus via video conferencing. The recording of which is ordered to be preserved alongwith the records of this case. The Court has interacted with the corpus, who is a qualified nurse and at the relevant point of time had entered into matrimonial relationship with the petitioner as an arranged marriage and started residing at Canada. It appears that on account of matrimonial dispute she has left Canada and come to India. During the interaction, she has conveyed to the Court that after coming to India, she has secured a job in Armenia and is presently residing at Yerevan at Armenia. She is not under any illegal confinement or detention and has voluntarily has taken up job and residing at Armenia. Though she has indicated that if the occasion arises, she is inclined to undertake the process for settlement with regards to her matrimonial relations.

5. However, considering the prayers prayed for in the petition and about illegal confinement of the corpus, the Court having been satisfied through their interaction on video conferencing that the corpus herself, who is identified by learned advocate for respondent nos.2 and 3, is residing in Armenia out of her own will, no further orders are required to be passed.

6. In view of the above, present petition stands disposed of. Notice discharged.