A writ petition for Habeas Corpus is liable for dismissal if the petitioner suppresses material facts, such as a subsequent agreement cancelling the relationship and the corpus's own statement of voluntary return to her matrimonial home.

ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

1. The captioned writ petition, is filed seeking direction to the respondents to produce the corpus as named in the prayer clause. According to the petitioner, the corpus was residing with him since July, 2023 till the date of incident, which took place on 02.03.2026. On that day, the corpus, was forcibly taken away by the private respondents. Being aggrieved, the captioned writ petition.

2. Ms. Aafrin Saiyed, learned Advocate has taken this Court to the averments made in the application, especially the fact of the petitioner and the corpus entering into live-in-relationship agreement dated 11.07.2023. It is submitted that both the parties although married, were in touch with each other since last 14 years. After the execution of the agreement dated 11.07.2023, the petitioner and the corpus started staying together. However, on 02.03.2026, she was taken away forcibly by the respondent nos. 5 to 9.

3. The advance copy of the writ petition, was served upon the office of the learned Additional Public Prosecutor. Ms. Asmita Patel, learned Additional Public Prosecutor, after taking instructions, has submitted that the captioned writ petition is misleading inasmuch as, after the live-in-relationship agreement was executed in the year 2023, there is a subsequent agreement which was executed on 04.11.2025 cancelling the live-in-relationship agreement already executed. It is submitted that the subsequent execution of the cancellation of the live-in-relationship is suppressed by the petitioner. Therefore, on the ground of suppression of material fact, the petition deserves to be dismissed. Moreover, the petitioner is married so also the corpus and both; the petitioner and the corpus, have children. They being already married couples, in the first place, the petitioner and the corpus could not have entered into a live-in-relationship. Even otherwise, subsequent thereto, the said live-in-relationship has been cancelled and hence, the captioned writ petition is bereft of any merits and deserves to be dismissed with exemplary costs.

4. Heard learned Advocate of the respective parties. The petitioner has filed the captioned writ petition with following prayers:

a) YOUR LORDSHIPS may kindly be pleased to admit and allow the present Petition;

b) YOUR LORDSHIPS may kindly be pleased to issue a writ of Habeas Corpus or any other appropriate writ, order or direction directing the Respondent Authorities to forthwith trace, recover and produce the corpus Shilpaben D/o Popatbhai Rawal before this Hon'ble Court;

c) YOUR LORDSHIPS may kindly be pleased to direct Respondent Nos. 1 to 4 to take appropriate and immediate action on the complaint dated 24.03.2026 lodged by the Petitioner, and to conduct a fair, prompt and time-bound Investigation in accordance with law, and further be pleased to trace the corpus and apprehend Respondent Nos. 5 to 9 and other persons involved in the offence;

d) Pending admission, hearing and final disposal of the present Petition, direct the Respondent Authorities to take urgent and immediate steps for tracing the corpus;

e) YOUR LORDSHIP may kindly be pleased to grant such other and further relief(s) as may be deemed just and proper in the facts and circumstances of the case.

5. The premise on which the writ petition is filed is the live-in-relationship agreement dated 11.07.2023. After the execution of the live-in-relationship agreement, the petitioner and the corpus