HIGH COURT OF GUJARAT
A.Y. KOGJE, SAMIR J. DAVE, JJ
VISHNUJI JIVAJI MOHANJI THAKOR – Appellant
Versus
STATE OF GUJARAT – Respondent
R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 182 of 2025
The petition for a writ of Habeas Corpus was filed by the father of the corpus, a minor, seeking her production in court. The court, after interaction with the corpus, found that she had voluntarily married and was not in illegal confinement. The petition was disposed of with no further orders required, and safety concerns were addressed.
ORDER :
A.Y. KOGJE, J.
1. This petition is filed for following relief:
“(A) Your Lordships be pleased to admit and allow this petition.
(B) Your Lordships may be pleased to issue writ in the nature of Habeas Corpus or any other appropriate writ, order or direction directing all the respondents hereinabove to produce the corpus Aarti before this Hon'ble Court.”
2. As is recorded in earlier order, while issuing notice, the petitioner before the Court is the father of the corpus, who at the relevant time, was aged 17 years and 10 months.
3. The matter was adjourned from time to time and was lastly adjourned to 01-04-2025. However, learned Advocate Mr. K. S. Kotai, who is appearing for respondent No.4, has mentioned urgent mentioning that the corpus is available and wants to remain present before the Court immediately. Hence, the matter is ordered to be listed today and to be taken up today.
4. Intimation with regard to the matter being taken up is given to learned Advocate for the petitioner and accordingly, the petitioner and his family members are also present before the Court.
5. As request made by both the sides, the matter is taken up for hearing in the chamber to ascertain wishes of the corpus.
6. When the matter is taken up, learned Advocate Mr. K. S. Kotai has placed on record copy of the marriage rituals having taken place atreligious place and receipts with regard to the marriage and photographs are placed on record. The same are ordered to be taken on record.
7. The Court has thereafter interacted with the corpus and she has confirmed that after attaining the age of majority, she and respondent No.4 have entered into matrimonial relation and are residing as husband and wife.
8. The Court has thereafter permitted the corpus and the parents of the corpus to interact independently, so that she can be council for better future. After aforesaid exercise, along with learned Advocate for the petitioner, once again wishes of the corpus were ascertained, where she has indicated that she is voluntarily and willingly residing with respondent No.4, as they have married with each other and she is not in any illegal confinement and is residing voluntarily with him.
9. In view of the aforesaid, no further orders are required to be passed. Hence, the petition stands disposed of accordingly. Notice is discharged.
10. At this stage, learned Advocate for the respondent No.4 and the corpus have raised concerned about the safety and security of the corpus and her relatives and prays for necessary orders for safe passage. In view of the aforesaid apprehension being genuine, learned APP may provide for necessary safe passage of the corpus and her companion to their destination.
The court affirmed the autonomy of the corpus in her marital decision post attaining majority.
The court affirmed the right of a major individual to choose their partner and emphasized the importance of personal liberty and safety in such decisions.
An adult's expressed desire to return to her spouse must be respected, affirming individual autonomy under Article 21.
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.
The court affirmed the right of an individual to make independent decisions regarding marriage, emphasizing the importance of personal autonomy.
The central legal point established in the judgment is the entitlement of an individual, especially of the corpus's age, to make decisions regarding marriage and the emphasis on personal liberty and ....
The court recognized the independent decision-making capacity of the corpus, allowing her to live with the petitioner based on her expressed wishes.
A writ of Habeas Corpus is not warranted when the individual is confirmed to be residing voluntarily and not under illegal confinement.
The court upheld the autonomy of an adult individual in choosing their living arrangements, emphasizing that no illegal confinement was present.
A major individual has the autonomy to choose their residence and cannot be compelled against their will, affirming the principles of individual rights and legal capacity.
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