Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(GUJ) 299

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 3231 of
2025 ==========================================================
KUNDAN JAGDISHBHAI SUMESARA Versus STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR. RAHUL SHARMA for SUBODH KUMUD(10133) for the Applicant(s) No. 1 MR. L. B. DABHI, APP for the Respondent(s) No. 1 ==========================================================
CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE and HONOURABLE MR. JUSTICE SAMIR J. DAVE Date : 20/03/2025

Petitioner Advocates:SUBODH KUMUD(10133) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

The court affirmed the autonomy of a mature individual in making personal decisions while balancing familial relationships and educational commitments.

Headnote:(A) No specific laws or sections cited - The court addressed the issue of the corpus's autonomy in decision-making regarding her future, emphasizing her maturity and educational background.

(B) The court recognized the importance of maintaining familial relationships while allowing the corpus to choose her path.

(C) The court noted the father's concerns regarding the corpus's education and relationship with her family.

Facts of the case:
The corpus, aged 19, was pursuing a Diploma Course and expressed her desire to live with the petitioner, with her father's consent after counseling.

Findings of Court:
The court found the corpus capable of making her own decisions and directed her to go with the petitioner.

Issues: The main issues included the corpus's maturity and the father's concerns about her education and family relations.

Ratio Decidendi: The court ruled that the corpus, being a major and well-educated individual, has the right to make independent decisions about her life.

Result: Petition allowed.

ORDER :

(A.Y. KOGJE, J.)

1. In furtherance to our order dated 10-03-2025, the corpus is present before the Court. However, it is reported that the corpus was to stay in accommodation, where she was residing while attending her studying at B.R.D.S. at Ahmedabad. It appears that rented premises was required to be vacated upon expiry of the contract. Thereafter, the corpus was residing at Sakhi One-stop and is brought before the Court.

2. Learned Advocate Mr.Yash V. Gupta has instruction to appear on behalf of newly added respondent No.4. At request of all, the matter is taken up in the chamber.

3. The corpus is aged 19 years, studying upto 12^th standard and is presently pursuing Diploma Course in Designing at Institution namely B.R.D.S. at Ahmedabad.

4. Interaction with the corpus with regard to her future appears to the Court that the corpus being major, well educated, confident and mature enough to take her independent decision. She has expressed her will to go along with the petitioner as both of them have developed love and affection for each other and have decided to spend rest of life with each other.

5. Respondent No.4; father and mother of the corpus are present in the Court. They are resident of Taluka-Gudha Malani, Rajasthan. They were permitted to interact and council with the corpus for sometime. After counseling, it appears that both the father and daughter have come to compromise, where the father has no objection, if the corpus is voluntarily going in the company of the petitioner. However, concern has rightly so raised by respondent No.4; father is with regard to her continues education, completion of course undertaken and continuing of healthy relation between the corpus and her maternal family.

6. In this regard, learned Advocate Mr.Rahul Sharma for the petitioner under instruction of his client makes statement that the petitioner is ready and willing to extend all the studies, education that the corpus wants to undertake and also assures the Court that the petitioner shall help in maintaining the healthy relationship between father and the daughter in future. Undertaking to the aforesaid extent be filed by the petitioner with the Registry of this Court on or before 28-03-2025.

7. As the corpus has declared before the Court that she desires to go along with the petitioner, the corpus is directed to go along with the petitioner.

8. In view of the aforesaid, the petition stands allowed to the aforesaid extent. Rule is made absolute.

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