Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(GUJ) 195

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 547 of
2025 ==========================================================
BRIJESH KALICHARAN SHARMA Versus JATIN RAJEEV RAJPUT & ORS.
==========================================================
Appearance:
SIDDHANT R SHAH(8722) for the Applicant(s) No. 1 MR IM PANDYA(546) for the Respondent(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 2,3 MS M. H. BHATT, APP for the Respondent(s) No. 4 ==========================================================
CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE and HONOURABLE MR. JUSTICE SAMIR J. DAVE Date : 12/03/2025

Petitioner Advocates:SIDDHANT R SHAH(8722) ,Respondent Advocate: MR IM PANDYA(546)

The court affirmed the maturity of a 19-year-old corpus to make her own decisions regarding marriage, recognizing her free will and consent.

Headnote:(A) Guardians and Wards Act, 1890 - Section 7 - The court ascertained the wishes of a 19-year-old corpus who accepted the respondent as her husband, indicating her maturity and ability to make decisions. The respondent is nearing the age of 21 and assured the court of a future marriage. (Paras 4-8)

(B) Maturity and Consent - The court recognized the corpus's maturity and her right to choose her partner, concluding that no illegal confinement existed. (Paras 8)

Facts of the case:
The corpus, aged 19, has completed her education up to the 3rd year of B.Com and scored 85% in her 12th standard examination. The court facilitated interaction between the corpus and her parents, leading to her acceptance of the respondent as her husband.

Findings of Court:
The court found the corpus mature enough to make her own decisions and confirmed her free will to choose her company.

Issues: The main issues addressed were the maturity of the corpus and her ability to consent to a marital relationship.

Ratio Decidendi: The court ruled that the corpus is mature enough to make her own decisions and is not in illegal confinement, thus allowing her to choose her partner freely.

Result: Petition disposed of.

ORDER :

(A.Y. KOGJE, J.)

1. In response to our previous orders issuing notice on 10.01.2025, the corpus is present before the Court alongwith respondent no.1.

2. Learned advocate Mr. I. M. Pandya has instructions to appear for both the corpus as well as respondent No.1.

3. At the request of learned advocate for the parties, the matter is taken up in chamber for ascertaining wishes of the corpus.

4. The corpus is aged 19 years and studied up to 3^rd year of B.com and in her 12^th standard examination she has scored 85% marks. The Court has interacted with the corpus, however, at the request of learned advocate for the petitioner, the corpus and the parents of the corpus (petitioner), who were also present in the Court, were permitted to interact with each other in the outer chamber of the Court for a substantial time.

5. After the aforesaid exercise, the Court has ascertained the wishes of the corpus and she has indicated to the Court that she has accepted the respondent no.1 as her husband and the family of the respondent no.1 have also accepted her in their family as his wife.

6. Respondent no.1 is running short by few months before attaining age of 21 years. Learned advocate under the instructions assured this Court that after he attains the marriageable age, he will enter into matrimonial relationship as per the rituals of the corpus.

7. Learned advocate is therefore directed to file an affidavit of respondent no.1 and his family members before this Court that they will take due and proper care of the corpus as the legally wedded wife of the respondent no.1, within a period of one week from today, with a copy to the petitioner.

8. The Court having found that the corpus is matured enough to take her own decisions and as she has expressed before the Court that she was not in any illegal confinement or detention of any other person including the respondent no.1. No further orders are required to be passed and the corpus is at her free will to go in the company of any person of her own choice.

9. In view of the above, present petition stands disposed of.

Notice is discharged.

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