Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(GUJ) 262

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 3765 of
2025 ==========================================================
DASHRATHBHAI S/O. MOHANBHAI SENMA Versus STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR MAHESH B BARIYA(2234) for the Applicant(s) No. 1 MR LB DABHI APP for the Respondent(s) No. 1 ==========================================================
CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE and HONOURABLE MR. JUSTICE SAMIR J. DAVE Date : 18/03/2025

Petitioner Advocates:MR MAHESHB BARIYA(2234) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

The court upheld the autonomy of an adult in choosing a spouse, dismissing claims of illegal confinement when consent is established.

Headnote:(A) Indian Penal Code, 1860 - Section 366 - The petitioner, father of the corpus, alleged illegal confinement and coercion in marriage due to community differences. The corpus, aged 24, declared her marriage to respondent No.4 was consensual and valid, with no evidence of coercion or confinement. (Paras 1-6)

(B) Marriage - Validity of marriage - The court recognized the corpus's autonomy in choosing her partner despite community differences, affirming her declaration of consent and the legitimacy of the marriage certificate presented. (Paras 3-5)

Facts of the case:
The petitioner claimed his daughter was lured into marriage by respondent No.4, fearing illegal confinement due to community differences. The corpus, however, confirmed her marriage was consensual and valid.

Findings of Court:
The court found no evidence of illegal confinement and acknowledged the validity of the marriage.

Issues: The main issues were the allegations of illegal confinement and the validity of the marriage against community norms.

Ratio Decidendi: The court emphasized the autonomy of the corpus in making her own decisions regarding marriage, dismissing the petitioner's claims of coercion.

Result: No further orders required.

ORDER :

(A.Y. KOGJE, J.)

1. The petitioner before the Court is the father of the corpus, named Snehal, who is aged 24 years and has studied up to 9^th Standard. According to the petitioner, the corpus is gullible and therefore, the respondent No.4 has lured her and has made her sign several documents, of which the corpus is unaware of the consequences. It is submitted that the corpus was already engaged within the community, whereas, the respondent No.4 belongs to a different community and therefore, the marriage was not acceptable to the petitioner. It is submitted that as the corpus is of gullible nature, they have serious apprehension that under the garb of some documents, the corpus is being kept in illegal confinement by respondent No.4.

2. In response to the advance copy served upon the learned Public Prosecutor, the corpus is before the Court through the respondent No.3. At the request of all, the matter is taken up in Chamber.

3. The Court has interacted with the corpus, who is major, aged 24 years and appears to be capable enough to take her own decision. She has declared before the Court that as she was having an affair with respondent No.4 and was conscious that because of different community, her parents would never accept their relationship, she had eloped with respondent No.4 and thereafter, got married and the Certificate of Marriage has been sent to the concerned Police Station.

4. Learned APP has placed on record a report containing the Marriage Certificate.

5. The corpus has also declared before the Court that she has accepted the respondent No.4 as her legally wedded husband and in view of the Certificate of Marriage which is issued by Amiyapur Gram Panchayat, Taluka: Bayad, she has been residing with respondent No.4 as his legally wedded wife and at no stage, she was kept in any illegal or wrongful confinement.

6. In view of the aforesaid declaration and the report placed on record, no further orders are required to be passed.

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