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2025 Supreme(GUJ) 259

HIGH COURT OF GUJARAT
A.Y. KOGJE, SAMIR J. DAVE, JJ
GOPALBHAI DASHRATHBHAI RABARI – Appellant
Versus
STATE OF GUJARAT – Respondent
R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 2876 of 2025



Petitioner Advocates:MR SATYAJIT S SONAGARA(12218) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

An adult's right to marry and live with their chosen partner is recognized, emphasizing personal liberty and maturity in decision-making.

Headnote:

(A) Personal Liberty - The right to marry - The corpus, aged 18 years and 6 months, expressed her willingness to live with her legally wedded husband, Shubham Chauhan, after eloping due to parental opposition. The court recognized her maturity and decision-making capability, stating, "she appears to be well educated, confident and mature enough to take her own decision". (Paras 3, 4, 8)

(B) Legal Marriage - The marriage between the corpus and Shubham was registered, and no illegal confinement was found, leading the court to conclude that no further orders were necessary. (Para 8)

(C) Security Concerns - The corpus raised concerns over her safety, prompting the court to direct necessary arrangements for her secure passage. (Para 9)

Facts of the case:
The corpus eloped with Shubham Chauhan, faced parental opposition, and later married him, which was registered legally.

Findings of Court:
The court found the corpus was not in illegal confinement and was willing to reside with her husband.

Issues: The court addressed the legality of the marriage and the corpus's right to make independent decisions.

Ratio Decidendi: The court affirmed the right of an adult to marry and live with their chosen partner, emphasizing the importance of personal liberty and maturity in decision-making.

Result: Petition stands disposed of accordingly.

ORDER :

(A.Y. KOGJE, J.)

1. In response to the Rule issued by this Court under order dated 27- 02-2025, the corpus; namely Hemangi aged 18 years and 6 months is brought before the Court through respondent No.2. Ms.Rameshwari, who is mother of Shubham Chauhan with whom the corpus has eloped, is also present.

2. However, Shubham has not remained present before the Court and is at his native near Lucknow in Uttar Pradesh.

3. The matter is taken up for hearing in the chamber so as to enable the Court to interact with the corpus. The corpus is aged 18 years and 6 months, is still studying First Year of B.A. in English in Gujarat College. She appears to be well educated, confident and mature enough to take her own decision. She has stated before the Court that she has also entered into marriage with Shubham and the Marriage is registered with the Marriage Registrar at Lucknow, Uttar Pradesh and the Certificate is already been given to the Police Authorities.

4. She has also stated before us that she is not in any illegal confinement, but she was having an affair with Shubham since long and as said relation was opposed by her parents, she has eloped with said Shubham.

5. Learned APP has placed before the Court the report which includes the Marriage Certificate, as also statements of several individuals recorded. The report along with Marriage Certificate are taken on record.

6. The Court has thereafter interacted with Ms.Rameshwari; mother in law, who has also stated that after eloping, both the corpus and Shubham had reached their residence near Lucknow and it was at the instances of the family that both of them were married as per the rituals and then only they were permitted to enter their residence. She has also ensured the Court that due and proper care will be taken by her family of both the corpus and said Shubham.

7. The Court has permitted the petitioner and his family members to extensively interact with the corpus and during recess time as well, the corpus and the petitioner’s family were kept in isolation so as to counsel the corpus. After aforesaid exercise once again, wishes of the corpus were recorded and she has reaffirmed her willingness to go along with family of Shubham.

8. As the corpus has declared before the Court that she is not in any illegal confinement and is willingly residing with Shubham and his family, as his legally wedded wife, no further orders are required to be passed. Hence, the petition stands disposed of accordingly. Rule is discharged.

9. At this stage, the corps has raised concern over security, as she apprehends that she may face untoward incident affecting her safety and security. Aforesaid apprehension being genuine, learned APP to make necessary arrangements for safe passage of the corpus to her destination. 

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