Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(GUJ) 698

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 4403 of
2025 ==========================================================
PARMAR VISHALKUMAR RAKESHBHAI Versus STATE OF GUJARAT & ORS.
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Appearance:
MR AMIT N CHAUDHARY(5599) for the Applicant(s) No. 1 MR. DIPAK J PARMAR(14660) for the Applicant(s) No. 1 MS MONALI H. BHATT APP for the Respondent(s) No. 1 ==========================================================
CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE and HONOURABLE MR. JUSTICE SAMIR J. DAVE Date : 28/03/2025

Petitioner Advocates:MR AMIT N CHAUDHARY(5599) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

The court affirmed the autonomy of an adult individual to make independent marital choices, emphasizing the need for protection against potential ill-treatment.

Headnote:(A) Marriage Act - Marriage Certificate - The petitioner claims to be the husband of the corpus, relying on a Marriage Certificate issued by the Registrar of Marriage dated 13.02.2025 - The corpus, a well-educated individual, expressed her desire to reside with the petitioner despite parental objections. (Paras 1, 4, 5, 7)

(B) Autonomy and Consent - The court emphasized the importance of the corpus's independent decision-making capacity, affirming her right to choose her partner. (Paras 4, 6)

(C) Future Protection - The court directed the petitioner to file an Affidavit ensuring the corpus's well-being and protection from potential ill-treatment. (Para 8)

Facts of the case:
The corpus, a Nursing professional, expressed her wish to live with the petitioner, her legally wedded husband, despite familial disapproval.

Findings of Court:
The court allowed the petition, permitting the corpus to join the petitioner, and mandated an Affidavit for her protection.

Issues: The main issues included the corpus's autonomy in decision-making and concerns raised by her family regarding potential ill-treatment.

Ratio Decidendi: The court ruled that the corpus, being major and educated, has the right to make her own choices, and the court must respect her wishes unless there is substantial evidence to the contrary.

Result: Petition allowed.

ORDER :

A.Y. KOGJE, J.

1. The petitioner claims to be the husband of the corpus and is placing reliance upon the Marriage Certificate issued by the Registrar of Marriage, Himmatnagar Nagarpalika dated 13.02.2025 evidencing the marriage of the petitioner with the corpus.

2. Learned advocate Mr. Malav Mulani has instructions to appear on behalf of respondent Nos. 4 to 6, who are the family members of the corpus.

3. The corpus is brought before the Court by respondent No.3. At the request of all, the matter is taken up for hearing in Chamber to ascertain the wishes of the corpus.

4. The corpus has studied upto 12th standard and has thereafter, completed her Nursing course and is presently, working as a Nurse in a Hospital. Our interaction with the corpus revealed that she is major, well-educated and is capable of taking her own independent decisions but, she was hesitant on account of the fear that she had about her parents.

5. The Court has, thereafter, interacted with the corpus in presence of the learned APP alone where she declared that she has entered into marriage with the petitioner and would like to go and reside with him as her legally wedded husband.

6. The Court has, thereafter, once again, interacted with the corpus in presence of the respective advocates for the parties and she has reiterated her desire to go with the petitioner. During the interaction with the corpus, she has revealed that the relationship was not acceptable to her parents, as, according to her, the family of the petitioner and her family are distantly related. However, the only relation that she is aware of is of maternal aunt and that too, not directly, but the relationship with the maternal aunt has been accepted by her mother.

7. In view of the aforesaid declaration made by the corpus before the Court, the Court deems it fit to allow the present petition by permitting the corpus to join the company of the person of her choice, which, in this case, she has declared before the Court to go along with the petitioner. Rule made absolute.

8. Learned advocate for respondent Nos.4 to 6, in presence of the respondents, has raised an issue that in future, their daughter may be ill-treated and therefore, in this connection, the Court directs that the petitioner and his family members shall file an Affidavit before this Court on or before 05.04.2025 to the extent that the petitioner and his family members will take due and proper care of the corpus as his legally wedded wife and will not give any occasion to complaint or ill-treat her.

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