IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 2327 of

2026 ==========================================================

AMRATBHAI ISHVARBHAI NAI Versus STATE OF GUJARAT & ORS.

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Appearance:

MR. DIPEN F CHAUDHARI(6740) for the Applicant(s) No. 1 MS. MONALI BHATT, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA and HONOURABLE MR.JUSTICE D. M. VYAS Date : 19/02/2026

ORAL ORDER

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

1. Mr. Amratbhai Ishvarbhai Nai has filed this petition contending that his daughter, Bhumikaben, is illegally confined by Nayan alias Arjun Jayeshbhai Thakor, i.e., respondent no.4.

2. Upon advance notice being served, the State has secured Bhumikaben and has produced her before us. Bhumkiaben informed us that she has indeed got married to Nayan and this marriage was a voluntary act. According to her, there was no compulsion of any kind. The father and mother are also present. The father does not dispute that the marriage has occurred, in fact, he has produced the Certificate of Registration of Marriage as Annexure ‘C’ to the writ petition.

3. We have interacted with Bhumikaben and also with her parents. The parents, i.e., the petitioner and his wife, are unable to reconcile their differences and forgive their daughter.

4. Bhumikaben on the other hand, is insistent that she got married of her own volition as soon as she turns 18, and that she wants to live with Nayan. In light of the above, it is true that Bhumikaben is more than 18 years of age and it is obvious that she has attained the age to choose a person of her choice as a life partner and live a married life. Hence, the writ petition cannot be entertained and the same is dismissed.

5. Respondent No.4, in the light of the apprehension expressed by his in-laws, has voluntarily stated that he will file an undertaking which would reflect that he will take care of Bhumkiaben and ensure that all her needs are met. He has assured us that he will not give Bhumikaben any cause for complaint and he is also aware of the fact that, if he breaches his undertaking, he will be responsible for the consequences.

Accordingly, the said writ petition stands closed.

(N.S.SANJAY GOWDA,J)

(D. M. VYAS, J)

DEEPAK GEHLOT