Reserved On : 25/11/2025 Pronounced On : 19/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 13335 of

2025 ==========================================================

GOSWAMI HITUSHADIDI GURU RAJESHGIRI Versus STATE OF GUJARAT & ORS.

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Appearance:

MR PM LAKHANI(1326) for the Applicant(s) No. 1 MRS R P LAKHANI(3811) for the Applicant(s) No. 1 AVANI V PATEL(8016) for the Respondent(s) No. 5 MS HONEY M RAVAL(11856) for the Respondent(s) No. 4 MS MONALI H BHATT, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA and HONOURABLE MR.JUSTICE D. M. VYAS

CAV ORDER

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

1. Goswami Hitishadidi Guru Rajeshgiri has filed this petition contending that Nitiben, a 28 year old, is being illegally confined in her house by her own father (respondent No.4) and his family members and this Court is required to issue a writ of habeas corpus and set her at liberty.

2. It is averred that Nitiben has been subjected to continuous torture, threats and coercion and efforts have been made to force her to marry against her wish, though she had clearly expressed her desire not to marry any one and she desired to pursue a spiritual life of devotion in Ashram.

3. Petitioner- Goswami Hitishadidi, incidentally, states that she is also a Sanyasi who is leading a life of spirituality in an ashram situated at Bhadeshvar area, Bhomeshwar Mahadev temple, Mota Jinjuda, Taluka Savarkundla, District Amreli. Her exact averments are as follows:

“4……………, the Guru of the petitioner and miss Nitiben is one and same person who is living spiritual life and he is also known “Kathakar” of the concern area. The detenu Nitiben is very close to the present petitioner since last about 8 years.”

Thus, Goswami Hitishadidi and Nitiben are stated to be the disciples of one Guru known as “Kathakar”.

4. Goswami Hitishadidi goes on to state that she has received many WhatsApp messages and video recordings from Nitiben in which she has been informed that Nitiben was being tortured by her father and other family members and was not being permitted to step out of the house and even her mobile phone was under observation /

surveillance. It is also alleged as follows:

“She is being threatened that if she refuses for marriage, she will have to face dire consequences and she may be killed or defame or her Guru may be killed.”

She, therefore, states that she fears for the life and liberty of Nitiben and requests that she be rescued. The copy of the WhatsApp chats and video recordings are also enclosed.

5. As could be seen from the averments of Goswami Hitishadidi, threats are held out to Nitiben by her father that if she refuses to marry, she would have to face dire consequences and she could be killed or her Guru may be defamed or killed. Thus, Goswami Hitishadidi who pleads that she and Nitiben are extremely close and are disciples of the Guru, has categorically averred that their common Guru may be killed if Nitiben refuses to marry.

6. The WhatsApp messages that are enclosed indicate that Nitiben had sent a message indicating that she was confined by her father and even in this message, there is a reference to the effect that their Guru would be defamed or would be killed if she refuses to marry somebody. The said WhatsApp message reads as under:

“Om namah shivay didi Mara guru Ben Hitushadidi Hu prathna Sathe aa msg kru chu didi mne ghar ma Bov torcher che mne lagan karva mate anek prakar na daban krva ma ave che maro parivar samjva taiyar j nthi mare Lagan nathi krva bhakti na marag ma aagad vadhvu che jyar thi me bapu ne ghare bolavya tyar thi aaj sudhi mne ghar ni bar ekli nathi java deta mari upar Bov pabandhi kri che mane koi ne phone nathi krva deta maro phone observation ma rakhelo che aetle Hu tmne msg WhatsApp ma kru chu mne vare vare mari nakhvani dhamki ape che ane lag