The court upheld the corpus's right to personal liberty and choice in relationships, recognizing her maturity and education as factors in permitting her to live with her husband.

ORDER :

(A.Y. KOGJE, J.)

1. This petition is filed by the petitioner, who claims to be the husband of corpus-Keka Patel. According to the petitioner, he has entered into matrimonial relation with the corpus and their marriage is registered with Marriage Registrar, Shahpur Ward, Ahmedabad Municipal Corporation. The certificate was issued on 27.01.2025 regarding the marriage which was solemnized on 25.01.2025. Alongwith the petition, photographs of some rituals of marriage are also annexed.

2. According to the petitioner, on 04.03.2025, the petitioner and the corpus who were residing separately as the corpus was pursuing her Engineering in Ahmedabad was staying in paying guest accommodation and the petitioner was unable to contact her and therefore, upon inquiry made at his end, he came to know that the corpus is being illegally detained against her wish at her home at Modasa.

3. In response to the advanced copy served upon the Public Prosecutor, the corpus is brought before the Court through respondent No.2. Learned advocate Mr.Himanisu Jappi has instructions to appear on behalf of respondent Nos.5 and 6, parents of the corpus. At the request of learned advocates for the parties, the matter is taken up for hearing in chamber to ascertain the wishes of the corpus.

4. The Court has interacted with the corpus in presence of learned advocates and she has stated before the Court that she is pursuing second year Engineering at SAL College in Computer Science. She has also stated that she was in contact with the petitioner since beginning as they were both neighbours at their native in Modasa and they were having affair since then and they have tried to convince their parents, but the parents of the corpus are not agreeable to their relation.

5. She has before the Court that on 25.01.2025, she has indeed entered into matrimonial relationship with Rajesh i.e. the petitioner and has accepted him to be her legally wedded husband. She has stated before the Court that as her parents came to know about the fact of marriage, she was forcibly taken from the PG accommodation to their native and thereafter, she is not permitted to contact anybody including the petitioner. She has expressed her desire to go with the petitioner as she has treated him to be her legally wedded husband and does not want to continue and stay with her parents.

6. At this stage, accepting request made by learned advocate for respondent Nos.5 and 6, the Court has permitted the corpus and her parents to interact with each other so that the parents can council their daughter with regard to her future considering her good academic background and the course that she is pursuing.

7. After the aforesaid interaction in isolation between the corpus and the parents, once again the Court has ascertained the wishes of the corpus and she has reaffirmed that she is desirous to go in company of the petitioner. The Court has also interacted with the petitioner, who is studying only upto 10^th standard and has also suggested the difference that may arise in future considering the difference in their education status. To which both, have unanimously stated before the Court that they have entered into mature discussion with respective career and have decided to support each other even in future.

8. In view of the aforesaid declaration made by the corpus before the Court to go alonwith the petitioner and the Court having found the corpus well educated, well disposed of and capable of mature enough to take her own decision, permits the corpus to join the company of any person of her choice, in the present case, she has made her choice to go with the petitioner.

9. The petitioner is permitted to file a detailed undertaking before this Court that he shall support the corpus in all regards including her education and her free will to keep relation with he parents as per her desire. The aforesaid affidavit to be filed on or before 21.03.2025 with the Registry of this Court.

10. At this stage, the petition