Reserved On : 25/09/2025 Pronounced On : 15/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO.

12806 of 2025 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA and HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI ==========================================================

Approved for Reporting Yes No ==========================================================

PRAKASHBHAI KALUBHAI DANGAR Versus STATE OF GUJARAT & ORS.

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Appearance:

MR. DARSHIL N PRAJAPATI(16427) for the Applicant(s) No. 1 HCLS COMMITTEE(4998) for the Respondent(s) No. 7 MS URMILA N DESAI(5609) for the Respondent(s) No. 7 PUBLIC PROSECUTOR for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA and HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI

CAV ORDER

(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)

1. Prakashbhai Kalubhai Dangar has filed this petition seeking for issuance of a writ of habeas corpus for directing the Police Inspector, Tankara Police Station, District – Morbi (R-2), to produce his minor son, Arjun Prakashbhai Dangar (R-4, the corpus) before the Court. The plea urged in the writ petition is that Prakashbhai Kalubhai Dangar was in a live-in-relationship with Rita Nagji Sarvaiya (R-7) under an agreement dated 12.09.2016 and during their cohabitation, son Arjun was born on 26.11.2017.

2. It is stated that, since 22.12.2022, Rita Nagji Sarvaiya (R-7) was residing with Ashokkumar Jayantilal Bhartiya (R-5) at his residence in Ahmedabad along with their son Arjun. Thus, it is admitted by the petitioner that, the son was residing separately with his mother and Ashokkumar since December – 2023.

3. Assertions are also made that, Respondent No. 5 was ill-treating his son and was threatening the petitioner. It is also alleged that, Respondent No. 5 was harassing and physically abusing his son and he had also received messages from his former live- in partner Rita, which he had forwarded to the Police Commissioner.

4. The petitioner also admits in his petition that, he had filed a petition seeking permanent custody of his minor son under Section 7 of the Guardians and Wards Act, but the same was dismissed by the learned Family Court at Morbi on 24.07.2025, on the ground that it did not have jurisdiction to entertain it.

5. It is seen from the record that since 22.12.2023, admittedly, the minor son of the petitioner and his mother i.e. Respondent No. 7 are staying separately and were not residing with the petitioner. It is forthcoming from the documents produced with the writ petition that, the petitioner had filed an application seeking for permanent custody under Section 7 of the Guardians and Wards Act. This application was filed on 24.04.2024.

6. The Family Court by an order dated 24.07.2025 dismissed the said petition on the below mentioned grounds. The translated version of the grounds reads as under:-

(4) Heard the arguments of the applicant and his learned advocate. Thus, considering Paragraphs 39 and 40 of the applicant's Application No. 1 from the above record, the mere fact that the applicant resides in Morbi District does not confer jurisdiction upon this Court, as the regional Court where the child ordinarily resides has jurisdiction over the matter. Further, upon reviewing the detailed statement of the applicant under oath vide Exhibit-27, it appears that the applicant had previously been married twice to other women, and his second marriage has not been legally dissolved. Therefore, he entered into a Live-in Relationship Agreement with the present Respondent on 13/09/2016, and they lived together, resulting in the birth of a son namely 'Arjun,' on 26/11/2017. Thereafter, in the year 2019, the Respondent wrote a letter to her mother stating that she was being harassed. Following these letters, her mother filed an application for a Search Warrant under Section 97 at th